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Merely touching child’s cheeks not intercourse assault: Bombay HC | Mumbai Information

MUMBAI: Observing that touching cheeks with no sexual intent wouldn’t entice the offence of “sexual assault” underneath the Pocso Act, the Bombay excessive court docket on Friday granted bail to a 46-year-old rooster vendor who spent 13 months in jail.
The court docket stated major analysis of the fabric on document doesn’t recommend the accused touched the minor’s cheeks with a sexual intent. “In consideration of those details, for my part, a case is made out for releasing the applicant on bail,” the court docket stated.
The excessive court docket, although, clarified that observations made “be construed as expression of opinion for the aim of bail solely and the identical shall not in any manner affect the trial in different proceedings”.
The accused was arrested in July 2020 after the eight-year-old lady’s mom lodged a grievance that he had touched the kid inappropriately when she went to his store.
Bail pleas of the accused have been earlier rejected by the trial court docket. Advocate Ramprasad Gupta appeared for the accused and submitted the accused was falsely implicated by the complainant over a enterprise rivalry.
The defence stated the accused was gainfully employed, had roots in society and had his household to take care of.
“Thus, there arises no query of the applicant’s absconding and never out there for trial,” Gupta submitted. It was additionally submitted that the offence shouldn’t be punishable with loss of life or life imprisonment. It stated that most punishment offered 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 within the neighbourhood noticed the accused signalling the lady to return to his store. The lady went inside. It was alleged that after a while the accused got here exterior, appeared round, went again in and pulled the shutter down.
It was additional alleged that when with the assistance of one other particular person, the shutter was opened, the accused was discovered behaving inappropriately with the kid.
The complainant took the kid and oldsters to the police station and complained. After completion of the investigation, police filed a chargesheet.

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