Bombay HC says kissing, fondling not unnatural offence, grants bail to man accused of sexually assaulting boy

Mumbai: The Bombay High Court, while granting bail to a man accused of sexually assaulting a 14-year-old boy, observed hat kissing on the lips and fondling are not unnatural offences under section 377 of the Indian Penal Code. The court also granted bail to the accused.

Justice Anuja Prabhudessai, in her recent order, said, " The statement of the victim as well as the First Information Report (FIR) prima facie indicate that the applicant had touched the private parts of the victim and kissed his lips. In my considered view, this would not prima facie constitute offence under section 377 of the Indian Penal Code".

According to the FIR, the boy's father found some money missing from their cupboard. His minor son told him that he had given the money to the accused for recharging an online game. He also told his father that the man once kissed him and touched his genitals. 

The father approached the police and registered an FIR against the POCSO Act and Section 377, which makes unnatural acts punishable under law.

Justice Prabhudesai said the medical examination of the boy hadn't confirmed sexual assault. The accused had already spent a year in custody, hence, he is entitled to a bail, she added. 

The court asked the man to furnish a bond of Rs 30,000. 

With inputs from PTI