Sex for the child is sexual harassment of minors: High Court of Kerala

The suspect has argued that none of the criminal offenses against him have been committed. (Representative)

Calcutta:

The Kerala High Court has ruled that having sexual intercourse or exhibiting a naked body in front of a minor amounts to sexual harassment of the child and is punishable under the Protection of Children from Sexual Offenses (POCSO) Act.

Justice A Badharudeen’s ruling came on a plea by a man seeking quashing of the case against him for various offenses under the IPC, POCSO Act and the Juvenile Justice Act.

The man was accused of having sexual intercourse with the minor’s mother at a lodge without locking the room and then beating up the boy, who witnessed the act, for questioning the same.

The accused-applicant stated in his plea that none of the criminal offenses against him have been committed.

The Supreme Court ruled that when a person shows a naked body to a child, it is an act with the intent to sexually intimidate a child.

Therefore, the offense punishable under Section 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 had sexual intercourse after being naked even without locking the room and allowed the minor to enter the room so that the minor could see the same.

“Thus, prima facie, the charge relating to commission of an offense punishable under Section 11(i) read with 12 of the POCSO Act is against the petitioner (accused) in this case expressed,” the Supreme Court said.

It was also said that since the man had allegedly beaten up the child and the minor’s mother had not tried to stop it, therefore the offenses under section 323 (Punishment for voluntarily causing hurt) and 34 ( general intentions) were committed.

The HC directed that the man be tried for the offenses under the POCSO Act and Sections 323 and 34 of the IPC.

However, it upheld his plea in part and quashed the criminal proceedings against him for the offenses under sections 294(b) (sings, recites or utters obscene songs, ballads or words, in or near a public place) and 341 (punishment for unlawful restraint) of the IPC and Section 75 of the JJ Act, saying that these offenses have not been committed.

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