Touching cheeks of child without sexual intent not offence: Bombay High Court
Mumbai, (PTI): Touching cheeks of a child without sexual intent would not attract the offence of sexual assault, the Bombay High Court said while granting bail to a 46-year-old man accused of sexually abusing an eight-year-old girl.
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 in 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 high court said.
"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, however, clarified in the order that the observations made by him should be construed as the opinion only for bail in this matter and the same shall not in any way influence the trials in other matters.
According to the prosecution, Ahmed Ulla allegedly called the girl inside his meat shop where he touched her cheek, opened his shirt, and was about to open his pant. A woman, who had seen the accused taking the girl to his shop, went to the spot after growing suspicious.
An FIR was registered and Ulla was arrested. He is presently lodged at the Taloja prison in Navi Mumbai. He was booked under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act (PPCSOA).
Ulla in his bail plea said he was falsely implicated in the case by his rivals in business. He claimed that he had no criminal antecedents and was running the meat shop and living in that area for since long.
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Vijay secures majority support, set to stake claim to form Tamil Nadu govt
Chennai: After four days of political uncertainty and intense negotiations in Tamil Nadu, actor-politician Vijay is learnt to have secured the numbers required to form the government, sources said.
Supporters gathered outside Vijay’s residence in Chennai on Friday evening, raising slogans in support of Tamilaga Vettri Kazhagam soon after reports emerged that the party had managed to secure majority support.
Sources said Vijay is expected to meet Tamil Nadu Governor R. V. Arlekar on Friday evening to stake claim to form the government. The meeting is likely to take place around 6 pm.
In its electoral debut in the Tamil Nadu Assembly elections, TVK won 108 out of the 234 seats, dealing a major blow to the 62-year political dominance of Dravida Munnetra Kazhagam and All India Anna Dravida Munnetra Kazhagam.
However, Governor Arlekar had reportedly made it clear that the party would not be invited to form the government without proving a clear majority. Even after two rounds of discussions on Wednesday and Thursday, the Governor is learnt to have maintained his stand that letters of support from at least 118 MLAs must be submitted in the 234-member Assembly.
Apart from Vijay, TVK had the backing of 107 MLAs. Vijay had contested from Tiruchy (East) and Perambur constituencies and won both seats, meaning he would have to resign from one seat before taking oath. This increased the need for additional support.
Amid the political developments, five MLAs from the Congress party, which reportedly moved away from the DMK-led alliance, extended support to Vijay. Vijay also held discussions with leaders of Viduthalai Chiruthaigal Katchi, Communist Party of India (Marxist) and Communist Party of India.
The VCK, CPI(M) and CPI had so far been allies of the DMK. At the same time, political discussions intensified in the state over speculation that the DMK could even explore a post-poll understanding with its long-time rival AIADMK to prevent an alternative government from taking shape.
Reports had been circulating since Friday afternoon that the VCK and Left parties were likely to support Vijay. Sources later said that the VCK, CPI(M) and CPI agreed to extend the support of two MLAs each, helping TVK cross the required majority mark.
All eyes are now on the Governor’s next move and the official announcement regarding the formation of the new government in Tamil Nadu.
