Bombay HC - Kissing on lips or touching the private part of a minor does not fall U/S 377 of the IPC

CASE: Prem Rajendra Prasad Dubey v. State of Maharashtra & Anr.
COURT: Justice Anuja Prabhudessai of Bombay High Court
POCSO Act: Protection of Children from Sexual Offences Act 
Section 377: Unnatural offences.— Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with 1 year, or with imprisonment of either description for a term which may extend to ten years.

Recently, the Bombay High Court observed that kissing on lips and touching private parts of a minor, prima facie, would not amount to the unnatural offences given under Section 377 of the Indian Penal Code. Though such acts would constitute an offence under the POCSO Act.

FACTS
According to the FIR, the father of the minor found some money missing from his cupboard. The minor disclosed that he had given that money to the accused for recharging ‘Ola Party’., an online game. The child further informed that he was sexually abused by the accused. The accused was booked u/s 377, u/s 384 (punishment for extortion), 420 (cheating) of IPC and sections 8 and 12 (punishment for sexual assault) and (punishment for sexual harassment) respectively, under the POCSO Act.

HELD
The Court held that section 377 would not apply to the accused. The Court proceeded to grant bail to the accused after noting that the charges u/s 8 and 12 of the POCSO Act were punishable with maximum imprisonment of up to five years and the accused had been in custody for almost a year.

Given the same, the Court granted bail to the accused.