Mumbai The Bombay High Court recently granted bail to the accused in the Pokso case, noting that kissing on the lips and touching the genitals does not constitute an offense under section 377 of the Indian Penal Code. Police arrested the 14-year-old boy after his father lodged an FIR against him. He has been in custody for the past year. Justice. Anuja Prabhudesai granted bail to the accused on personal bail of Rs 30,000 after hearing his bail application.
According to the FIR, one day the boy’s father found a lack of money in the cupboard of the house. So when they questioned the boy, he said the accused had spent money to recharge an online game called ‘Ola Party’ in the shop. Also one day while going for recharge, the accused kissed my lips and touched my genitals, the boy told his father. After the father lodged a complaint with the police, an FIR was registered against the accused under Section 377 (unnatural sexual act) of the Indian Penal Code along with various sections of the Pokso Act.
According to the FIR and the victim’s reply, the accused kissed his lips and touched his genitals. At first glance, this type does not fall under the category of unnatural sexual acts under section 377. Other sections against the accused carry a maximum sentence of five years. The accused has been in custody for over a year and there are no signs that the trial will start soon. Therefore, he is eligible for bail, ”the inspection judge said in his order.
