MUMBAI: Observing that touching cheeks without a sexual intent would not attract the offence of “sexual assault” under the Pocso Act, the Bombay high court on Friday granted bail to a 46-year-old chicken seller who spent 13 months in jail.
The court said primary evaluation of the material on record does not suggest the accused touched the minor’s cheeks with a sexual intent. “In consideration of these facts, in my view, a case is made out for releasing the applicant on bail,” the court said.
The high court, though, clarified that observations made “be construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings”.
The accused was arrested in July 2020 after the eight-year-old girl’s mother lodged a complaint that he had touched the child inappropriately when she went to his shop.
Bail pleas of the accused were earlier rejected by the trial court. Advocate Ramprasad Gupta appeared for the accused and submitted the accused was falsely implicated by the complainant over a business rivalry.
The defence said the accused was gainfully employed, had roots in society and had his family to look after.
“Thus, there arises no question of the applicant’s absconding and not available for trial,” Gupta submitted. It was also submitted that the offence is not punishable with death or life imprisonment. It said that maximum punishment provided for the alleged offence is seven years’ jail.
The FIR was lodged on July 29, 2020. It was alleged that at 1.30pm, the complainant who lived in the neighbourhood saw the accused signalling the girl to come to his shop. The girl went inside. It was alleged that after some time the accused came outside, looked around, went back in and pulled the shutter down.
It was further alleged that when with the help of another person, the shutter was opened, the accused was found behaving inappropriately with the child.
The complainant took the child and parents to the police station and complained. After completion of the investigation, police filed a chargesheet.
