Kissing lips and touching private parts of minor, not an offence under section 377 of IPC: Bombay High Court

The Bombay High Court has recently allowed bail to an accused under the Protection of Child from Sexual Offences Act while stating that kissing on lips and touching private parts would not prima facie constitute an offense under section 377 of the Indian Penal Code.

A bench of Justice Anuja Prabhudessai said that "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 offense under section 377 of the Indian Penal Code."

The plea has been filed by the accused seeking bail in an offense wherein the FIR has been filed by the father of the accused stating alleging that they found that some money from the cupboard was missing. Whereas, upon inquiry, they came to know that the victim used to play an online OLA PARTY game and that he had paid money to the accused to recharge the said gaming App. In addition to this, the victim also told his parents that the accused had sexually abused him.

The applicant has been made accused under sections 377, 384, 420 of the Indian Penal Code, and Sections 8 and 12 of the POCSO Act, 2012. However, the Court noted that offenses under Sections 8 and 12 are punishable by a maximum imprisonment of up to five years, the charge is not yet framed and a trial is not likely to commence in the immediate future.

While considering that the applicant is in custody for almost one year, the Court allowed bail to the applicant.

Cause Title: Prem Rajendra Prasad Dubey Vs. The State of Maharashtra and anr.