The Supreme Court has ruled that touching the private parts of a child does not amount to rape, rather it is a case of outraging modesty.

A bench of Justices Ahsanuddin Amanullah and Joymalya Bagchi reduced to five years the 20-year sentence imposed on the convict, Laxman Jangde, by the trial court and affirmed by Chhattisgarh High Court. The sentencing had been under the Protection of Children from Sexual Offences (Pocso) Act.

The Supreme Court passed the verdict after interpreting the relevant provisions of the IPC and Pocso concerning punishment for offences relating to rape or outraging the modesty of a woman or girl. In this case, the victim was 12 years old.

The court's written order stated: "A plain reading of the evidence and other materials on record reveals that the offence made out from such allegations does not satisfy the ingredients of either Section 375 (rape) of the IPC or Section 3(c) of the Pocso Act. Thus, to that extent, the conviction cannot be sustained.

"...The presumption by the trial court, as upheld by the high court that there was penetrative sexual assault, cannot be sustained for simple reason that the same is neither supported by the medical report nor by the statement of the victim on three different occasions as also that of the mother of the victim...

"From the said reading of all the three statements which have a common thread, the direct allegation is of touching the private parts of the victim and also at the same time, the appellant touching his private organs. In such a view of the matter, we find that the conviction recorded under Section 376 AB (rape of a person below 12) of the IPC and under Section 6 of the Pocso Act cannot be sustained.”