Judge Pushpa V Ganediwala, who faced backlash for her controversial interpretation of sexual assault under the Prevention of Sexual Offenses for Children Act (POCSO), was sworn in on Saturday as an additional judge of the Bombay High Court for one more year.
Judge Nitin Jamar, the highest ranking judge on the Nagpur bank, administered the oath. The extension was approved by the government, based on a revised recommendation made by the Supreme Court College, just one day before Judge Ganediwala’s initial two-year term ended.
“In exercise of the power conferred by Clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint Smt Pushpa Virendra Ganediwala, Additional Judge of the Bombay High Court for a term of one year from February 13, 2021 ”, said the appointment order.
Previously, the Supreme Court College had withdrawn its recommendation to appoint Judge Ganediwala as permanent judge of the high court after two of her recent verdicts were widely criticized. On January 19, the judge acquitted a man of sexual assault on the grounds that pressing a girl’s breasts onto her clothing without direct “skin-to-skin” contact did not qualify as “sexual assault” under the POCSO Act.
Stating that Section 8 of the POCSO establishes a severe punishment of five years of rigorous incarceration, he said that more stringent tests and serious charges were required. Instead, the man was convicted under “misdemeanor u / s 354 IPC and sentenced to submit to RI.” On January 27, the Supreme Court suspended this order.
In another ruling, it held that the act of holding the hand of a minor or having the defendant’s pants zip open at the time of the incident does not amount to sexual assault under the POCSO. His controversial sentences caused a stir, prompting the Supreme Court to recall its recommendation to make Judge Ganediwala a permanent judge of the Bombay High Court.
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