Can’t say 5-year-old not aware of bad touch: Court

A special court designated under the Protection of Children from Sexual Offences (POCSO) Act while denying bail to a South Mumbai resident on Saturday, has said in its order, that it cannot be said that since the victim is a small girl five years old, she is not aware about good touch and bad touch.

Special POCSO Judge Bharti Kale said the victim and applicant are neighbours. The victim has categorically stated that the applicant has touched her body and she felt that it was a bad touch. “The victim being a small girl it cannot be said that she is not aware about good touch and bad touch,” Judge Kale said.

The court further said that the victim is aged only five years and the applicant allegedly committed the offence when the victim used to go to his house to play with her friend. “I find the nature of accusations serious and the applicant is alleged to have committed aggravated sexual assault,” it stated while saying he is entitled for bail.

The man had sought bail stating that he had never touched the child. The Malabar Hill police had opposed his bail and argued that the child though very young was aware of the nature of touch.

As per the complaint, the child had stated that the man - a distant relative and a neighbour, had touched her on the chest, back and also used to kiss her when she would go to his home.

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