The Calcutta High Court on Friday suspended a trial court’s conviction and sentencing of an accused under the Protection of Children from Sexual Offences (Pocso) Act, ruling that an attempt to grope a victim’s breasts amounts to "aggravated sexual assault," but not "attempt to rape" under the law.

The trial court had earlier found the accused guilty of both offences and sentenced him to 12 years of rigorous imprisonment.

While hearing the appeal, a division bench comprising Justice Arijit Banerjee and Justice Biswaroop Chowdhury noted that the medical report of the victim did not reveal any signs of penetration or attempt thereof. According to the victim’s account, the accused, under the influence of alcohol, tried to grope her breasts.

The bench observed that such evidence could sustain a charge under Section 10 of the Pocso Act (aggravated sexual assault), but did not prima facie establish the offence of attempted rape.

The judges further remarked that if, after the final hearing, the charge is reduced solely to aggravated sexual assault, the sentence would likely be revised to a term between five and seven years, instead of the 12 years mandated for attempted rape.

The accused has already spent 28 months in custody.

In its interim order, the High Court suspended the operation of the conviction and sentence, as well as the payment of the fine, until the appeal is decided or further orders are issued. However, it made clear that these observations would not influence the final outcome of the appeal.