Holding another's hands to express love is not molestation: Bombay HC bench

Aurangabad Bench of Bombay High consisting of Justice Bharti Dangre said expressing love by holding a girl's hand does not constitute molestation under POCSO and granted pre-arrest bail to the rickshaw puller accused in the 2022 case.

Aurangabad (Maharashtra): Holding another's hands to express love is not molestation under the POCSO Act, said the Aurangabad Bench of the Bombay High Court. Hearing an alleged sexual assault case involving a rickshaw puller, the Aurangabad Bench consisting of Justice Bharti Dangre said expressing love by holding a girl's hand does not constitute molestation.

At the end of the hearing, Justice Bharti Dangre granted pre-arrest bail to the rickshaw puller in the case. The rickshaw puller was accused of molesting a minor girl by holding her hand. The father of the girl has made a complaint to the police after the accused has admitted before him that he held her hands to express his love.

As per the case details, the minor girl used to go to her college in the rickshaw of the accused. For various reasons, she refused to travel in the rickshaw of the accused Dhanraj Rathod. Then the accused allegedly held her hand to express his love and to plead with her to travel in his rickshaw. The case relating to the 17-year-old girl was registered on November 1, 2022.

In the order, Aurangabad Bench Justice Bharti Dangre said that the accused had no sexual intention to molest or sexually assault the minor girl at the time of the incident. This was clear from the evidence produced before the court.