Kissing, fondling not unnatural offences, says HC; grants bail to accused
Mumbai(PTI): The Bombay High Court has observed that kissing on lips and fondling are not unnatural offences under section 377 of the Indian Penal Code, and granted bail to a man accused of sexually assaulting a minor boy.
In a recent order, Justice Anuja Prabhudessai granted bail to the man, arrested last year following a police complaint filed by the 14-year-old boy's father.
As per the FIR, the boy's father found some money missing from their cupboard. The boy told him that he had given the money to the accused person. The minor said he used to visit the accused person's shop at a suburb in Mumbai for recharging an online game, 'Ola Party,' which he used to play.
One day, when he went to get the recharge, the accused kissed him on the lips and touched his private parts, the boy alleged.
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 Offences (POCSO) Act and under Indian Penal Code (IPC) Section 377, which makes carnal intercourse or any other unnatural act as a punishable offence.
Notably, IPC Section 377 carries a maximum punishment of life imprisonment and makes grant of bail difficult.
Justice Prabhudessai, while granting bail to the accused, noted that a medical test conducted on the boy did not support his statement of sexual assault.
She further said the POCSO sections imposed against the accused carried a maximum sentence of five years and entitled him for bail.
In the present case, the element of unnatural sex was not prima facie applicable, Justice Prabhudessai 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 his lips. In my considered view, this would not prima facie constitute offence under section 377 of the Indian Penal Code," the judge said.
The high court further noted that the accused had already been in custody for a year, and the trial in the case was not likely to begin soon.
"Considering the above facts and circumstances, the applicant is entitled for bail," the HC said, while granting bail to the accused on a personal bond of Rs 30,000.
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Thumbay Group begins work on Sharjah’s first private integrated psychiatric, rehabilitation hospital
Sharjah: Thumbay Group has laid the foundation stone for the Thumbay Psychiatric and Rehabilitation Hospital at Sharjah Healthcare City, a 120-bed facility that the company says will be the region’s first private, fully integrated hospital dedicated to psychiatric care, neuro-rehabilitation and addiction recovery.
The groundbreaking ceremony was led by Dr. Abdelaziz Saeed Al Mheiri, who is also a member of the Sharjah Executive Council, in the presence of Dr. Thumbay Moideen.
Spread across 110,000 square feet, the hospital is being developed to address growing demand for specialised mental health and rehabilitation services in the UAE and the wider Gulf region.
The facility will include inpatient and outpatient services in psychiatry, neuro-rehabilitation, addiction treatment, child and adolescent mental health, and care for mood and anxiety disorders. It will also feature VIP inpatient villas designed to provide privacy and support long-term recovery.
A mosque, named the Thumbay Masjid, will be constructed within the campus and will be open to the public.
The hospital is being designed to meet standards for Commission on Accreditation of Rehabilitation Facilities (CARF), an internationally recognised accreditation system for rehabilitation facilities.
Speaking at the event, Dr. Abdelaziz Saeed Al Mheiri said the project reflects Sharjah’s commitment to strengthening healthcare infrastructure in all aspects of wellbeing.
“Mental health and rehabilitation have long needed dedicated infrastructure, and we are proud to support a private partner whose vision matches the ambition of this Emirate,” he said.
Dr. Thumbay Moideen said the project was a response to a growing need for specialised mental healthcare services in the region.
“We have spent over three decades building healthcare in this region, and the one conversation that has grown louder every year is mental health. Families have been carrying this quietly for too long. This hospital is our answer. It is purpose-built, not retrofitted, and it has been designed around dignity, recovery, and outcomes that families can trust,” he said.
Construction is scheduled to begin in June 2026, and the hospital is expected to become operational by mid-2027.
Once completed, the facility will become part of Thumbay Group’s network of healthcare, education and diagnostic institutions across the UAE.
