Observing that touching cheeks without a sexual intent would not attract the offence of “sexual assault” under the Pocso Act, the Bombay high court on Friday granted bail to a 46-year-old chicken seller who spent 13 months in jail. The court said primary evaluation of the material on record does not suggest the accused touched the minor’s cheeks with a sexual intent. “In consideration of these facts, in my view, a case is made out for releasing the applicant on bail,” the court said.
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