The Bombay High Court included that kissing on lips and fondling are not abnormal crimes under Section 377 of the Indian Penal Code. And gives bail to a man charged for sexually assaulting a minor.
Justice Anuja Prabhudessai said.
“The argument of the victim as well as the FIR reveals that the accused had touched the private parts of the victim. And also had kissed his lips. In my considered view, this would not constitute offence under section 377 of the Indian Penal Code,”
What Did The Court Say?
According to the FIR, the father of the minor boy had encountered some money missing from their closet on April 17, 2021. When asked, the boy told his father that he gave the money to the accused person for recharging an online game ‘Ola Party’. The victim also told his parents that the accused had sexually abused him.
“The accused is in custody for nearly one year. A charge is not yet prepared, and a trial is not likely to start in the near future. Regarding the above points and cases, the accused is granted bail.”
The court added that the accused will be “released on bail on furnishing P.R. bonds in the sum of Rs.30,000. And instructed the accused to report to Oshiwara Police Station once in two months on every 1st Monday between 11 am to 2 pm until other orders.”
The court also said that the accused shall not interrupt the complainant. And the other witnesses shall not meddle with the proof. Or try to affect or reach the complainant, witnesses, or any persons involved with the case.
The trial court asked the accused to inform of his current address and mobile contact number. The court defined that the accused shall co-operate with the conduct of the trial. And follow the trial court on all dates unless exempted.
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