Bombay High Court Grants Bail in POCSO Case, Says Touching and Kissing Not Unnatural Offence
The Bombay High Court recently granted bail to a man accused of sexually abusing a minor boy, stating that touching private parts and kissing do not, at first glance, amount to an unnatural offence under Section 377 of the Indian Penal Code (IPC).
Justice Anuja Prabhudessai, while hearing a bail application filed by Prem Dubey under Section 439 of the CrPC, said the charges under Section 377 were not applicable based on the evidence presented.
The case was registered based on a First Information Report (FIR) filed by the victim’s father, who claimed that his son was sexually abused by Dubey. The boy had also used money to recharge a mobile game with Dubey’s help, which the parents found out about later.
Dubey was charged under several sections including:
- Section 377 (unnatural offences)
- Section 384 (extortion)
- Section 420 (cheating) of IPC
- Sections 8 and 12 of the POCSO Act, which deal with sexual assault and harassment.
After reviewing the FIR and the child’s statement, the court noted that the allegations were limited to touching the child’s private parts and kissing him. The judge clarified that such acts do not qualify as an unnatural offence under Section 377.
Justice Prabhudessai further stated that:
- The offences under POCSO Sections 8 and 12 carry a maximum sentence of five years.
- Dubey had already spent almost one year in custody.
- The trial had not started, and the charges were yet to be framed.
Considering these facts, the court found Dubey eligible for bail.
The High Court granted bail on a bond of ₹30,000 and instructed him to report to Oshiwara police station every two months.
This decision clarifies the legal interpretation of what constitutes an unnatural offence under Indian law, especially in the context of child protection cases.
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