A special Protection of Children from Sexual Offences court has ruled that touching a child’s cheeks without any sexual intent does not lead to an offence, Outlook reported on Friday.

The court passed the ruling on Tuesday while acquitting a 28-year-old man accused of molesting a five-year-old’s mother. However, the special court convicted the accused of molesting the woman, and sentenced him to one-year imprisonment.

In 2017, the man had visited the house of the woman to repair a broken refrigerator. The mother of the victim alleged that the technician had touched her daughter’s cheeks during his visit to the house. The mother had objected to the man’s action then. After this, the man was left to repair the refrigerator while the woman went to the kitchen. Following this, the woman alleged that the man came from behind and hugged her.

The complaint raised an alarm and tried to push the accused away, but he refused to stop. The police later arrested the man, but he was granted bail soon.

“It is for the prosecution to prove the guilt against the accused beyond a reasonable doubt,” the court said during the hearing on Tuesday, according to News18. “Even considering the testimony of the mother, as it is, still there is no such overt act on part of the accused which can be termed as sexual assault to the victim girl or amounting to outraging her modesty.”

The court also noted that there were no other cases against the accused, and announced the sentence. The accused was also fined Rs 10,000, reported India Today.