Bombay high court judge Justice Pushpa Ganediwala, who faced flak over a series of judgments that were deemed as controversial for the interpretation of what constitutes as 'sexual assault' under the Protection of Children from Sexual Offences (POCSO) Act, has resigned.
Last month, the Supreme Court collegium had withdrawn its approval to a proposal for the appointment of additional judge, Justice Ganediwala as a permanent judge of the court following her two controversial verdicts.
In the second judgment, she said sole testimony of the victim in rape cases is sufficient to fix criminal liability. "However, in the present case, considering the sub-standard quality of testimony of the prosecutrix, it would be a grave injustice to send the appellant behind bars for 10 years, her order said.
Justice Ganediwala this month acquitting a 39-year-old man for groping a minor girl, noting that there was no "skin-to-skin contact with sexual intent" has faced severe flak.
Groping a minor's breast without 'skin to skin contact' cannot be termed as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act, the Bombay high court has said.
Justice Pushpa Ganediwala recently acquitted a man accused of groping a 12-year-old girl's breast because he did not make skin-to-skin contact and days earlier, ruled that holding the hands of a five-year-old girl and unzipping the trousers do not amount to "sexual assault" under the POCSO Act.
We celebrate January 26 as Republic Day because that's the day on which we adopted the Constitution in 1950. Yet, in the days preceding and following Republic Day 2021, three different courts violated the Constitutional rights of citizens, observes Jyoti Punwani.
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