Controversial POCSO Verdict: Promotion Of HC Judge Pushpa May Be Withheld

Justice Pushpa Ganediwala promotion withheld

Mumbai: Bombay High Court Justice Pushpa V Ganediwala may have to pay the ‘price’ for a recent verdict vis-à-vis the controversial interpretation of sexual assault under Protection of Children from Sexual Offences Act, 2012 (POCSO) Act.

The Sunday Express reported that the Supreme Court Collegium, after a close scrutiny of the verdict, is set to withdraw its recommendation to promote Justice Pushpa and appoint her as a permanent judge of the apex court.

The Collegium will either send the judge back to the district judiciary or extend her probation by a couple of years.

Justice Pushpa recently acquitted a man charged with sexual assault arguing that pressing the breasts of a child over her clothes, without direct “skin to skin” physical contact, does not constitute “sexual assault” under POCSO Act.

Saying that Section 8 of POCSO provides for stringent punishment of five years’ of rigorous imprisonment, she observed that “stricter proof and serious allegations are required”.

The accused was convicted “under minor offence u/s 354 of IPC and sentenced to undergo RI,” for which maximum sentence is five years and minimum one year.

The Supreme Court stayed this order on January 27.

Also Read: Yet Another Shocker: Holding Girl’s Hands, Opening Zip Not Sexual Assault Under POCSO: Bombay HC