Kochi, 22 July (H.S.): In a significant ruling on the interpretation of the Protection of Children from Sexual Offences (POCSO) Act, the Kerala High Court has held that, for the purpose of sexual assault cases, the term chest should be understood to include the breast, even though the two differ in medical and anatomical terminology.

Justice A. Badharudeen made the observation while hearing an appeal filed by a 58-year-old man convicted under the POCSO Act. The court ruled that if a child states that an accused touched their chest, the allegation can fall within the scope of sexual assault as defined under Section 7 of the POCSO Act.

Rejecting the defence argument that chest and breast are medically distinct and therefore cannot be treated as synonymous, the court held that such technical distinctions cannot override the purpose of child protection laws in cases involving sexual offences. The available evidence, the court observed, clearly established that the accused had committed the offence.

The case relates to an incident in Malappuram district in May 2022 involving a 12-year-old boy. According to the prosecution, the child had gone to a nearby shop to buy a mosquito coil when the accused allegedly approached him from behind, touched his stomach and chest, held his hand, and attempted to lure him to a deserted house by offering him Rs. 50. The boy managed to escape and later informed his parents, following which a POCSO case was registered.

A Special POCSO Court had convicted the accused under Section 10 of the Act and sentenced him to seven years of rigorous imprisonment along with a fine of Rs. 50,000.

While upholding the conviction, the High Court found that the prosecution had failed to establish that the assault had been committed repeatedly, a requirement for the enhanced punishment under Section 10. Consequently, the court modified the sentence, reducing the prison term from seven years to three years and lowering the fine from Rs. 50,000 to Rs. 5,000.

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Hindusthan Samachar / Arun Lakshman