The Kerala High Court has held that having sexual intercourse or exhibiting a naked body before a minor amounts to sexual harassment of the child and is punishable under the Protection of Children from Sexual Offences (POCSO) Act. The ruling by Justice A Badharudeen came on a plea by a man seeking quashing of the case against him for various offences under the IPC, POCSO Act and the Juvenile Justice Act.
The man was accused of having sexual intercourse with the minor's mother in a lodge without locking the room and then beating up the boy, who saw the act, for questioning the same.
The accused-petitioner, in his plea, claimed that none of the offences were made out against him.
The High Court held that when a person exhibits a naked body to a child, the same is an act intending to commit sexual harassment upon a child.
Therefore, the offence punishable under sections 11(i) (sexual harassment) read with 12 (punishment for sexual harassment) of the POCSO Act would be attracted.
"In this case, the allegation is that the accused persons engaged in sexual intercourse after being naked, even without locking the room and allowed the entry of the minor in the room, so that the minor could see the same.
"Thus, prima facie, the allegation as to commission of offence punishable under sections 11(i) read with 12 of the POCSO Act, as against the petitioner (accused man) in this case is made out," the High Court said.
It also said that since the man allegedly beat up the child and the minor's mother did not try to stop the same, therefore, the offences under sections 323 (Punishment for voluntarily causing hurt) and 34 (common intention) were also attracted.
The HC directed that the man face trial for the offences under the POCSO Act and sections 323 and 34 of the IPC.
It, however, partly allowed his plea and quashed the criminal proceedings against him for the offences under section 294(b) (sings, recites or utters any obscene song, ballad or words, in or near any public place) and 341 (punishment for wrongful restraint) of the IPC and section 75 of the JJ Act, saying that those offences were not made out.
The man was accused of having sexual intercourse with the minor's mother in a lodge without locking the room and then beating up the boy, who saw the act, for questioning the same.
The accused-petitioner, in his plea, claimed that none of the offences were made out against him.
The High Court held that when a person exhibits a naked body to a child, the same is an act intending to commit sexual harassment upon a child.
Therefore, the offence punishable under sections 11(i) (sexual harassment) read with 12 (punishment for sexual harassment) of the POCSO Act would be attracted.
"In this case, the allegation is that the accused persons engaged in sexual intercourse after being naked, even without locking the room and allowed the entry of the minor in the room, so that the minor could see the same.
"Thus, prima facie, the allegation as to commission of offence punishable under sections 11(i) read with 12 of the POCSO Act, as against the petitioner (accused man) in this case is made out," the High Court said.
It also said that since the man allegedly beat up the child and the minor's mother did not try to stop the same, therefore, the offences under sections 323 (Punishment for voluntarily causing hurt) and 34 (common intention) were also attracted.
The HC directed that the man face trial for the offences under the POCSO Act and sections 323 and 34 of the IPC.
It, however, partly allowed his plea and quashed the criminal proceedings against him for the offences under section 294(b) (sings, recites or utters any obscene song, ballad or words, in or near any public place) and 341 (punishment for wrongful restraint) of the IPC and section 75 of the JJ Act, saying that those offences were not made out.
You may also like
SCO must root out terrorism, respect territorial integrity: Jaishankar
Serena Williams gives fans health update as she declares 'I'm healthy' after lump diagnosis
Orchha Dossier For World Heritage Status Accepted By UNESCO
Mumbai: BMC Receives Approval For ₹14.73 Crore Repairs To 4 Subways And 2 Flyovers Along Western Express Highway
Aditya Birla Digital Fashion Invests INR 75 Cr In WROGN
Baba Siddique Murder Case: Fourth Arrested Accused Harishkumar Purchased Second-Hand Bike; Opted For Auto-Rickshaw After Recce Mishap On Day of Shooting
Maharashtra Assembly Elections 2024: Police Leaves Suspended Statewide To Ensure Law And Order During Polls
Who Is Charles Boehm? Man's Sarcastic Note On Father's Death Goes Viral
Census 2021: Freezing Of Administration Boundaries To Begin From Jan 1
Who Is Alonzo Green? Suspect Arrested In Dallas Love Triangle Murder Of Quentin Brown
Bigg Boss 18: Avinash Mishra Asks Shrutika Arjun To Not Touch Him While Speaking, Says, 'Main Touch Karunga Toh..'
Conor McGregor's UFC return collapses as opponent he called out dashes fight plans
Muda chief, an aide of Sidda, quits citing health grounds
IndiaAI Mission Selects 8 Projects to Advance Ethical AI Development
Real Madrid step up Trent Alexander-Arnold interest with Liverpool star top of four-man list
MP: Principals' Ranks Issue Creates Ripples In Tribal Affairs Dept
Delhi Air Remains Poor for the Third Day; Vehicle Emissions are Major Contributors after Stubble Burning
Reece James update, midfield battle – Five things spotted in Chelsea training before Liverpool
Elon Musk donates $70m to Donald Trump election campaign because he wants a 'centrist' government
Stonehenge tunnel campaigners would have lost legal bid to scrap it, court says