Touching Private Parts of Minor Not Rape but Aggravated Sexual Assault Under POCSO Act: Supreme Court

The Supreme Court has clarified that touching the private parts of a minor without skin-to-skin contact constitutes aggravated sexual assault under Section 9(m) of the POCSO Act, not rape.

The court emphasizes that such acts remain serious offences but fall under a distinct legal provision, ensuring appropriate sentencing and avoiding misinterpretation of "rape" under Section 375 IPC.

The sentence was accordingly reduced to rigorous imprisonment of five years under Section 354 IPC and seven years under Section 10 of the POCSO Act, with both sentences to run concurrently.

The fine of ₹50,000 was retained, with a direction that it be paid to the victim as compensation within two months.

[Laxman Jangde v State of Chhattisgarh]