In the matter Mohammad Ahmed Ulla v. The State of Maharashtra, the Bombay High Court on 27^th August 2021 observed that “touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 of the POCSO Act.”

The Applicant sought bail for a crime registered at the instance of mother of the victim for the offences punishable under Sections 354, of the Indian Penal Code, 1860 and Section 8, 9(m), 10 and 12 of the Protection of Children from Sexual Offences Act, 2021 (‘POCSO’ for short).

Victim at the material time was 8 years old girl. Her mother lodged First Information Report. She stated, applicant touched cheeks of her daughter inside the shop premises, where he was running the business.

The High Court observed that:

1. Touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 of the POCSO Act.
2. Evidence did not suggest that applicant allegedly touched the cheeks of the victim with a sexual intent.
3. After the consideration of the facts, the Court granted the bail.
4. The Court allowed the application and disposed it off.

– Esha Shah, Paralegal – Child Safety at Work