holding down a female classmate and touching her private parts.

The two 16-year-olds were charged with being concerned together to unlawfully assault a 14-year-old girl at their school.

But Mr. Francis said there was no evidence of a plan to act together against the wishes of the complainant. He said it was "more likely than not'' that each of the boys had acted on his own.

"Neither one had the intention to act together in any way with the other to act against the complainant.'' The complainant claimed she was picked up by one or more boys and placed on a counter. One boy held her by her shoulders while the other held her by her ankles.

Mr. Francis said the girl was used to being "gripped and handled in a friendly way'' during the course of "rough and tumble'' games by her male classmates.

Just moments before the incident took place, one of the defendants had behaved "that way'' but the girl had not objected, Mr. Francis said.

The girl earlier testified that she was in a classroom socialising with her friends over lunch hour when a surge of 15 to 20 boys burst into the classroom. The boys picked her up and laid her on a counter while one of the boys held her chest area and another held her legs. Another poked her in the area of her vagina, she said.

But Mr. Francis found the defendant holding her ankles not guilty. And he also agreed with the testimony of the other defendant, who admitted placing his hand in the area of the girl's vagina, but claimed that as he was shorter than his classmates, he was attempting to boost himself onto a table when he unintentionally touched the girl's vaginal area.

Mr. Francis said there was nothing to show he knew where his hand was reaching.

It was alleged that afterward he asked the girl if she "wanted some more'' but Mr. Francis claimed it was not clear what he was referring to.