Touching cheeks of a kid with out sexual intent wouldn’t appeal to the offence of sexual assault, the Bombay High Court mentioned whereas granting bail to a 46-year-old man accused of sexually abusing an eight-year-old lady. A single bench of Justice Sandeep Shinde on August 27 granted bail to the accused Mohammad Ahmed Ulla arrested on July 2020 by the Rabodi police within the neighbouring Thane district.
“In my view, touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 of the Protection of Children from Sexual Offences Act,” the excessive courtroom mentioned.
“Primary evaluation of the material on record does not suggest that the applicant allegedly touched the cheeks of the victim with a sexual intent,” it added.
Justice Shinde, nonetheless, clarified within the order that the observations made by him must be construed because the opinion just for bail on this matter and the identical shall not in any approach affect the trials in different issues.
According to the prosecution, Ulla allegedly known as the lady inside his meat store the place he touched her cheek, opened his shirt, and was about to open his pant. A girl, who had seen the accused taking the lady to his store, went to the spot after rising suspicious.
An FIR was registered and Ulla was arrested. He is presently lodged on the Taloja jail in Navi Mumbai. He was booked beneath varied sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act (PPCSOA).
Ulla in his bail plea mentioned he was falsely implicated within the case by his rivals in enterprise. He claimed that he had no prison antecedents and was working the meat store and residing in that space for since lengthy.