The Meghalaya High Court has held that touching the breast of a child with sexual intent amounts to “sexual assault” under Section 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), even if there is no penetration.

Justice Revati Mohiti Dere upheld the conviction of a man under Section 9(n) read with Section 10 of the POCSO Act. The Court said that the law specifically covers physical contact with a child’s breast when done with sexual intent.

The case involved a 15-year-old girl who was staying at the house of the appellant, her uncle, for studies. The incident allegedly took place on September 23, 2019. The girl later told her elder sister about the incident, following which her mother lodged an FIR.

A Special POCSO Court convicted the man and sentenced him to five years of rigorous imprisonment. He then challenged the conviction before the Meghalaya High Court.

The appellant argued that there was no penetrative sexual assault. However, the High Court rejected this argument, noting that the survivor had clearly stated that the appellant had fondled her breasts and this part of her evidence was not challenged.

Referring to Section 7 of the POCSO Act, the Court observed that sexual assault includes touching the vagina, penis, anus or breast of a child with sexual intent, or any other act involving physical contact without penetration.

The Court also found support for the survivor’s account in the evidence of her mother and sister. Finding no reason to interfere with the trial court’s decision, the High Court dismissed the appeal.

The judgment was passed in Rockyroy Lyngkhoi v. State of Meghalaya & Ors., Crl.A. No. 27 of 2024, on September 1, 2026.