Sexual intercourse before child is sexual harassment of the minor: Kerala HC

Kochi: 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.