Mumbai (Maharashtra):The Bombay High Court has observed that kissing would not prima facie constitute offence under section 377 (unnatural sex) of the Indian Penal Code while granting bail to an accused of the Protection of Children from Sexual Offences (POCSO) Act. Justice Anuja Prabhudessai, in an order on May 5, said, "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 offence under section 377 of the Indian Penal Code."
The court observation came while granting bail to Vikas Mohanlal Khelani who was booked for offences under sections 377, 384, 420 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court said that Vikas Mohanlal Khelani was in custody for almost one year and the Charge is not yet framed and the trial is not likely to commence in the immediate future.
"Considering the above facts and circumstances, the Applicant (Vikas Mohanlal Khelani is entitled for bail," the court said and imposed various conditions including the furnishing of bonds in the sum of Rs 30,000 with one or two solvent sureties in then like amount. The other conditions include that applicant Vikas shall report to Oshiwara Police Station once in two months on every first Monday between 11 am to 2 pm until further orders.