Justice Prabhudesai, while granting bail to the accused on a personal bond of Rs 30,000, said, "The applicant is entitled to bail."

The Bombay High Court 

has held that kissing on the lips and touching of bodily parts does not constitute an offense of unnatural category under Section 377 of the Indian Penal Code (IPC).

The court made this remark while granting bail to the accused of sexual assault of a minor boy.

Justice Anuja Prabhudesai, in a recent order, granted bail to a man arrested last year on a police complaint lodged by the father of a 14-year-old boy.

According to the FIR, the boy's father found some money missing from his cupboard.

During interrogation, the boy told his father that he had given money to the accused.

The minor said that he used to visit the accused man's shop in a suburb of Mumbai to recharge an online game, 'Ola Party', which he used to play. 

The boy alleged that one day when he went to recharge, the accused kissed him on the lips and touched his private parts.

Big decision of Bombay High Court, wife will give alimony of 3 thousand rupees every month to her ex-husband

Following this, the boy's father approached the police who registered an FIR against the accused under relevant sections of the Prevention of Children from Sexual Offenses (POCSO) Act and section 377 of the Indian Penal Code (IPC).

Section 377 makes physical intercourse or any other unnatural act a punishable offence.

Section 377 of the IPC carries the maximum punishment of life imprisonment and bail in this case is difficult to grant but Justice Prabhudesai granted bail to the accused saying that the boy's medical examination did not confirm his allegations of sexual assault.

Justice Prabhudesai further said that the sections of POCSO imposed against the accused can carry a maximum punishment of 5 years, so he has the right to get bail.

Let us say whatever we want on justice system, our shoulders are strong': Bombay HC on petition filed against Sanjay Raut

Justice Prabhudesai observed that prima facie there does not appear to be an element of unnatural sex in the present case.

He said, "The statement of the victim as well as the First Information Report (FIR) prima facie indicate that the applicant had touched the private parts of the victim and kissed her lips but in my view under Section 377 of the Indian Penal Code." It is not prima facie a crime."

The High Court further said that the accused is already in custody for a year and the trial of the case is not likely to start soon.

Justice Prabhudesai, while granting bail to the accused on a personal bond of Rs 30,000, said, "Keeping in view the above facts and circumstances, the applicant is entitled to bail."

Video: Navneet Rana did not get relief from Bombay High Court, court refuses to quash FIR