The Bombay High Court recently granted bail to an individual accused of sexually abusing a minor boy. The court stated that actions such as touching private parts and kissing on the lips do not, at first glance, constitute an “unnatural offence” under the law.
Justice Anuja Prabhudessai presided over the case and reviewed a bail application filed by Prem Dubey under Section 439 of the Code of Criminal Procedure, which grants special powers to higher courts for bail considerations.
The complaint was lodged by the boy’s father, citing Sections 377 (unnatural offences), 384 (extortion), and 420 (cheating) of the Indian Penal Code, along with Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, which deal with sexual assault and harassment.
According to the father, the incident came to light on April 17, 2021, when he noticed missing money from their cupboard. Upon inquiry, his son revealed that he had given the money to Dubey to recharge an online gaming app and also disclosed incidents of sexual abuse.
The court noted that based on the victim’s statement and the First Information Report (FIR), the alleged actions do not prima facie qualify as offences under Section 377 of the IPC. Justice Prabhudessai emphasized that Sections 8 and 12 of the POCSO Act carry a maximum imprisonment of five years, and Dubey had already been in custody for nearly a year without trial proceedings beginning.
Considering these factors, the court granted bail to Dubey on a bond of ₹30,000 and instructed him to report to the Oshiwara police station every two months.
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