Advocate Ranjeet Pawar told the HC bench of Justice Bharati Dangre that his client had expressed his love towards the teenager, but he had no sexual intent
Granting anticipatory bail to a man, who was booked for holding the hand of a 17-year-old girl while expressing his love to her, the Bombay High Court stated that merely holding or touching the hand without sexual intent does not amount to sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
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According to a report in Hindustan Times, advocate Ranjeet Pawar told the HC bench of Justice Bharati Dangre that his client had expressed his love towards the teenager, but he had no sexual intent. The HC was hearing the anticipatory bail application of the 27-year-old man from Baramati, who was booked for holding hands under the POCSO Act.
It was a plain exhibition of his feelings, the accused's lawyer said. Furthermore, advocate Pawar submitted that the sessions court had rejected the application of his client and hence he had approached HC.
As per the complaint, the girl, who is a student and a neighbour of the accused, alleged that she was on her way for tuitions when the accused stopped her and expressed his love for her. When she did not respond, he caught her right hand and again expressed his love.
The complaint further stated that the minor girl managed to escape, however, the man persisted. The accused warned her from disclosing the incident to anyone and also sent her threatening messages on her father's mobile phone using different SIM cards.
The complaint stated that after going through the ordeal for eight months, the girl finally decided to lodge a police complaint. Following this, the man was booked under the relevant sections of the Indian Penal Code (IPC) and the POCSO Act.
The additional public prosecutor opposed the man's anticipatory bail plea and told the HC that the accused's custodial interrogation was required to ascertain from where he had sourced the different SIM cards. However, the court was not satisfied with the argument.
"Prima facie, looking at the allegations levelled in the FIR, the applicant had expressed his feeling of love towards the complainant by holding her hand on one occasion. This by itself cannot be said to be falling within the sweep of Section 7 (POCSO Act), since prima facie, the ingredients of Section 7 are not made out in the wake of allegations in the complaint or attempting to contact her by use of electronic communication," the court observed.
While granting bail to the accused the bench said, "Subject to the stipulation that the applicant will in no manner pressurise the complainant, he is entitled for being released on bail in anticipation of his arrest."
The HC also restrained the man from entering the area where the complainant resides till the chargesheet in the case is filed. The court asked him not to make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to the court or any police officer and should not tamper with evidence either.
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