Observing that touching cheeks without sexual intent would not attract the offence of “sexual assault” under the Protection of Children from Sexual Offences Act, the High Court of Bombay on Friday granted bail to a 46-year-old chicken seller who spent thirteen 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.
The Court said that “In consideration of these facts, in my view, a case is made out for releasing the applicant on bail".
The HC, though, clarified that observations made “be construed as expression of opinion for the purpose of bail only & the same shall not in any way influence the trial in other proceedings”.
The accused was arrested in July 2020 after the 8-year-old girl’s mother lodged a complaint that the accused had touched her inappropriately when she went to his shop.
Bail applications of the accused were earlier rejected by the trial Court. Lawyer Ram Prasad Gupta appeared for the accused & submitted that the accused was falsely implicated by the complainant over a business rivalry.
The defence said the accused was gainfully employed, had roots in society & had his family to look after.
“Thus, there arises no question of the applicant’s absconding & 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 7 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 & 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 & parents to the police station & complained. After completion of the investigation, police filed a chargesheet.
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