maharashtra news: bombay high court news latest update: Bombay high court news latest update
- According to the Mumbai High Court, touching the cheek of a minor without sexual intent is not an offense under the Poxo Act.
- Following that, the court on Friday granted bail to a 46-year-old chicken seller, who had been serving a prison sentence for the past 13 months.
- The court said that at first glance, it did not appear that the accused had touched the minor’s cheek with any sexual intent.
The Bombay High Court has ruled that touching the cheek of a minor without sexual intent cannot be a crime under the Poxo Act. Following that, the court on Friday granted bail to the 46-year-old chicken seller. He had been serving a prison sentence for the past 13 months.
The court said that, based on the evidence, it does not appear at first glance that the accused touched the minor’s cheek with any sexual intent. Therefore, considering these things, the accused is granted bail. However, his opinion is only for bail, the court clarified. This will in no way affect the other proceedings of the lawsuit.
The accused was arrested in July 2020 following a complaint by the mother of an eight-year-old girl. The mother had alleged that she had touched the girl inappropriately when her daughter went to the accused’s shop.
The trial court had rejected the bail pleas of the accused. Defendant’s attorneys argued that he was wrongly implicated in the case because of his business enmity with the defendant. In the bail case, the lawyer said his client has employment, recognition in the community and is responsible for raising a family. So he is not likely to abscond or be absent from the hearing.
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