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Touching child’s cheeks not sexual assault: Excessive court docket | India Information


MUMBAI: Observing that touching cheeks with no sexual intent wouldn’t entice the offence of “sexual assault” beneath the Pocso Act, the Bombay excessive court docket on Friday granted bail to a 46-year-old hen vendor who spent 13 months in jail.
The court docket stated major analysis of the fabric on file 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 approach affect the trial in different proceedings”.
The accused was arrested in July 2020 after the eight-year-old lady’s mom lodged a criticism that the accused had touched her inappropriately when she went to his store.
Bail pleas of the accused have been earlier rejected by the trial court docket. Advocate Ram Prasad Gupta appeared for the accused and submitted that 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 accessible for trial,” Gupta submitted. It was additionally submitted that the offence is just not punishable with dying or life imprisonment. It stated that most punishment supplied 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 outdoors, seemed round, went again in and pulled the shutter down.
It was additional alleged that when with the assistance of one other individual, 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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