Mumbai: The Bombay High Court ruled that kissing on the lips and fondling are not unnatural acts under Indian Penal Code Section 377, and granted bail to a man accused of sexually assaulting a minor kid.
Justice Anuja Prabhudessai recently granted bail to the guy who was arrested last year after the 14-year-old boy’s father submitted a police complaint.
The boy’s father discovered some money missing from their cupboard, according to the FIR. He was informed by the youngster that he had delivered the money to the accused. The child claimed he used to go to the accused person’s shop in a Mumbai suburb to recharge an online game called “Ola Party,” which he enjoyed.
The accused kissed him on the lips and groped his private parts one day when he went to get the recharge, the child claimed.
The boy’s father then approached the police, who filed a FIR against the accused under relevant parts of the Prevention of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC) Section 377, which deems carnal intercourse or any other unnatural act a punishable offence.
Notably, IPC Section 377 has a possible sentence of life imprisonment, making bail difficult to obtain.
While granting bail to the accused, Justice Prabhudessai remarked that a medical examination of the youngster did not substantiate his claim of sexual assault.
She further stated that the POCSO sections imposed on the defendant contained a maximum penalty of five years and that he was eligible for bail.
“The statement of the victim as well as the First Information Report (FIR) prima facie indicate that the applicant had touched the private parts of the victim and kissed his lips. In my considered view, this would not prima facie constitute offence under section 377 of the Indian Penal Code,” the judge said.
The high court also highlighted that the accused had already been detained for a year and that the trial in the case was unlikely to start anytime soon.
“Considering the above facts and circumstances, the applicant is entitled for bail,” the high court said, while granting bail to the accused on a personal bond of ₹ 30,000.
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