While denying bail to a man accused of molesting a five-year-old girl, the court noted that ‘it cannot be said that she (victim) is not aware about good touch or bad touch’
A special Protection of Children from Sexual Offences (POCSO) court in Mumbai noted that even children know the difference between “good touch and bad touch”, while denying bail to a man accused of molesting a five-year-old girl. The order was passed by the court on February 6 and a copy of it was made available on Tuesday.
The man, who was the victim’s neighbour, has been accused of physically harassing her when she went to his house to play.
While rejecting the bail plea of the accused, Special judge Bharati Kale, said the victim has categorically stated that the applicant touched her and "she felt it was a bad touch".
"The victim being small girl, it cannot be said that she is not aware about good touch or bad touch," the court observed.
The accused has been booked under Indian Penal Code Section 354 (molestation) and relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act.
Refuting the charges, the accused's lawyer had argued that the victim, being a child, used to visit his house and it cannot be said that the applicant's touch was a "bad touch".
The prosecution contended that the victim is aware of the nature of the touch and specifically said it in the statement about the same. Finding merits in the prosecution's arguments, the court rejected the bail plea of the accused.
"I find that the nature of accusations is serious and the applicant is alleged to have committed aggravated sexual assault," the judge observed. "In the circumstances, I do not find that the applicant is entitled for bail," the judge said.
(With PTI inputs)