Bombay High Court has granted bail to a person who had been convicted under Protection of Children from Sexual Offences Act (POCSO), saying that kissing on the lips and touching a minor’s private parts was not unnatural offence under section 377 IPC.
Justice Anuja Prabudessai observed, “In my considered view, this would not prima facie constitute offences under section 377 (unnatural or anal sex) of the Indian Penal Code (IPC).”
The court further said that the applicant has been in custody for almost year, now, and charged is not yet framed. Thus, trial is not likely to commence in the immediate future. Considering these circumstances, the court granted bail to the accused, who had filed a request under section 439 of the CrPC.
The man who has been granted bail was arrested for kissing a young boy on the lips and touching his private parts. Police had found enough evidence and they also had a statement from the victim himself. Thus, the man was booked under sections 377, 384, 420 of the IPC and undersections 8 and 12 of the POCSO Act, 2012.