MUMBAI: Kissing and fondling are not unnatural sex offences, said Bombay high court, which granted bail to a man facing charges of sexually abusing a 14-year-old boy. The FIR was filed by the boy’s father. The complaint stated that on April 17, 2021, his parents found some money missing from the cupboard. Upon enquiry, they learnt their son had played an online game and paid money to the man to recharge the app. The son told them the man had sexually abused him.
Justice Anuja Prabhudessai passed the direction on the bail application of the man against whom a first information report (FIR) was registered under Indian Penal Code Section 377 (unnatural offences) and under sections 8 (sexual assault ) and 12 (sexual harassment) of the Prevention of Children from Sexual Offences Act. He is facing trial at the Dindoshi sessions court.
In her May 5 order, Justice Prabhudessai said, “The statement of the victim as well as the first information report prima facie indicate that the applicant had touched the private parts of the victim and had kissed his lips. In my considered view, this would not prima facie constitute offence under Section 377 of the Indian Penal Code.”
Section 377 states whoever voluntarily has carnal intercourse with a man, woman or animal shall be punished with imprisonment for a term up to 10 years or even life imprisonment and a fine.
The judge questioned prosecutor Rutuja Ambekar that apart from the statement in the FIR, what material is there to show application of Section 377 as the boy’s medical examination report does not support it.
