The Bombay high court has held that just holding or touching the hand without sexual intent does not amount to sexual assault under the POCSO Act.
The court granted anticipatory bail to a man booked for holding the hand of a 17-year-old while expressing his love to her.
According to the complaint, the girl is a student, and the accused, her neighbour. On her way to tuitions, he stopped her and held her hand. When she not did respond, he persisted.
He warned her from disclosing the incident to anyone and also sent her threatening messages on her father’s mobile phone.
The complaint stated that after going through the ordeal for 8 months, the girl decided to lodge a complaint.
The man was booked under the IPC and Pocso Act; the Court said he is entitled for being released on bail.