6 hrs ago
Kerala High Court Upholds Conviction Over Kissing Child’s Genitals
The Kerala High Court considered a case involving the sexual abuse of a 14-year-old boy.
The accused was a 61-year-old man.
The court said that kissing a child’s genitals with sexual intent can legally count as penetrative sexual assault under the POCSO Act.
The court said the law does not require oral sex or deeper penetration for this offence.
The boy told the court that the accused abused him twice.
Prosecutors said the accused gave the boy liquor and a ganja beedi before the abuse.
A lower court had sentenced the man to 20 years in prison.
The High Court agreed with that decision and rejected his appeal.
Children facing abuse or distress can call Childline at 1098 for help.
The Kerala High Court upheld a 61-year-old man’s POCSO conviction and 20-year prison sentence.
Justice A Badharudeen ruled that kissing a child’s penis with sexual intent constitutes penetrative sexual assault.
The prosecution alleged the accused gave a 14-year-old boy liquor and a ganja beedi before abusing him.
The court accepted the boy’s testimony that the accused sexually abused him twice, including repeatedly kissing his penis.
The court dismissed the appeal, finding the sentence reasonable and the conviction supported by the evidence.
- Who
- The Kerala High Court, Justice A Badharudeen, and a 61-year-old convicted man were involved; the survivor was a 14-year-old boy.
- What
- The court upheld a conviction for aggravated penetrative sexual assault and related offences under the POCSO Act and Juvenile Justice Act.
- Where
- The case was decided by the Kerala High Court.
- When
- Justice A Badharudeen pronounced the order on September 1.
- Why
- The court found that kissing the child’s penis with sexual intent falls within the POCSO Act’s definition of penetrative sexual assault and that the evidence supported the conviction.
Prosecution and Court
Defense
Evidence and conviction
Prosecution and Court
The prosecution argued that the survivor’s testimony was supported by other evidence and that the defense had produced no proof for its claims. The High Court upheld the conviction.
Defense
The accused argued that he had been implicated without reason and appealed against the conviction.
Legal classification
Prosecution and Court
The prosecution and court maintained that applying the mouth to a child’s penis with sexual intent satisfies Section 3(d) of the POCSO Act, without requiring oral sex or deeper penetration.
Defense
The defense sought leniency, citing the accused’s age, but the court found the sentence reasonable.
Key facts
- Court
- Kerala High Court
- Judge
- Justice A Badharudeen
- Survivor’s age
- 14 years
- Convict’s age
- 61 years
- Sentence
- 20 years’ rigorous imprisonment
- Relevant law
- Protection of Children from Sexual Offences Act
- Helpline
- Childline, 1098, available free 24 hours
Quotes
Justice A Badharudeen
Kerala High Court judge who authored the order upholding the conviction
“When the mouth touches the penis with sexual intent, the said act to be categorised as penetrative sexual assault under Section 3(d), punishable under Section 4 of the POCSO Act. Thus the learned special judge is right in finding that the accused committed offence punishable under Sections 5(l) r/w 6 of the POCSO Act.”
indianexpress.com
“The evidence of PW1 (minor boy) would show that the accused repeatedly kissed on the penis of the victim, be it so, the learned Special Judge is right in holding that the appellant/accused committed offence under Section 9(l) r/w.10 of the POCSO Act. Hence, the conviction is liable to be sustained.”
indianexpress.com
Sources
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