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Kissing, fondling not unnatural offences, says HC; grants bail to accused


The Bombay High Court has noticed that kissing on lips and fondling aren’t unnatural offences below part 377 of the Indian Penal Code, and granted bail to a person accused of sexually assaulting a minor boy.

In a current order, Justice Anuja Prabhudessai granted bail to the person, arrested final yr following a police grievance filed by the 14-year-old boy’s father.

As per the FIR, the boy’s father discovered some cash lacking from their cabinet. The boy instructed him that he had given the cash to the accused particular person. The minor mentioned he used to go to the accused particular person’s store at a suburb in Mumbai for recharging a web based recreation, ‘Ola Party,’ which he used to play.

One day, when he went to get the recharge, the accused kissed him on the lips and touched his non-public elements, the boy alleged.

Following this, the boy’s father approached the police who registered an FIR towards the accused below related sections of the Prevention of Children from Sexual Offences (POCSO) Act and below Indian Penal Code (IPC) Section 377, which makes carnal intercourse or every other unnatural act as a punishable offence.

Notably, IPC Section 377 carries a most punishment of life imprisonment and makes grant of bail tough.

Justice Prabhudessai, whereas granting bail to the accused, famous {that a} medical check carried out on the boy didn’t assist his assertion of sexual assault.
She additional mentioned the POCSO sections imposed towards the accused carried a most sentence of 5 years and entitled him for bail.

In the current case, the component of unnatural intercourse was not prima facie relevant, Justice Prabhudessai mentioned.

“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 decide mentioned.

The excessive courtroom additional famous that the accused had already been in custody for a yr, and the trial within the case was not more likely to start quickly.

“Considering the above facts and circumstances, the applicant is entitled for bail,” the HC mentioned, whereas granting bail to the accused on a private bond of Rs 30,000.





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