This is an archive article published on December 27, 2020
Holding hand of minor to express love, inadvertent physical touch without sexual intent not assault under POCSO: HC
According to the complaint filed by the minor, she was a student and the accused was her neighbour. One day while she was going to her tuition classes, the accused restrained her and "expressed his love" towards her.
Additional Public Prosecutor P V Diggikar told the court that the FIR was lodged by Jalgaon police on May 26, following which the girl's statement was recorded as per the Criminal Procedure Code. (File)
Granting anticipatory bail to a 27-year-old man from Baramati in Pune district, who was booked for holding the hand of a 17-year-old and “expressing love” towards her, the Bombay High Court recently held that merely holding or touching hand to express love towards a minor without sexual intent does not amount to offence of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
A single-judge bench of Justice Bharati H Dangre on December 22 passed an order on the pre-arrest bail plea by the 27-year-old man, who was booked by Baramati City Police earlier this year for punishable offences under Sections 354 (criminal force committed on a woman to outrage her modesty) and 506 (criminal intimidation) of the Indian Penal Code and Section 7 (sexual assault of minor) of the POCSO Act, among others.
According to the complaint filed by the minor, she was a student and the accused was her neighbour. One day while she was going to her tuition classes, the accused restrained her and “expressed his love” towards her. When she ignored him, he held her right hand and expressed his feelings, the complaint said. The complaint said the minor was scared and left the spot. Later, she was warned against reporting the incident to anyone, she said.
The man then allegedly forwarded messages from different SIM numbers to her mobile phone. The man allegedly told her that he had opened an Instagram account to “malign her image” in her friend circle. After being threatened for nearly eight months, the complaint said, the minor approached the police and lodged the complaint.
After hearing submissions and perusing material on record, the bench led by Justice Dangre observed, “Prima facie, looking at the allegations levelled in the FIR, the applicant 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 (of the 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…any physical touch inadvertently or without any sexual intent could not be brought within the sweep of the said section.”
However, the court said that other offences against the applicant, including stalking as per Section 354D of the Indian Penal Code, were bailable.
Allowing pre-arrest bail plea of the applicant, 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.”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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