Protection of Children From Sexual Offences Act, 2012–Sec. 8–Acquittal from the offence–Justification–Prosecution proved the facts that the accused took the victim to his house, pressed her breast, attempted to remove her salwar and pressed her mouth–High Court committed error in holding that the act of pressing the breast of the child, aged 12 years in absence of specific details as to whether the top was removed or whether he inserted his hands inside the top and pressed her breast, would not fall in the definition of sexual assault and would fall within the definition of offence u/s. 354 of IPC–Court was entitled to raise the presumption u/s. 30 of the Act and same was not rebutted by the accused by proving that he had no such mental state–Accused deserves to be punished u/s. 8 of Act.
