Difference between ‘chest’ and ‘breast’ immaterial in POCSO offences: Kerala HC
The Kerala High Court ruled that the distinction between 'chest' and 'breast' is legally immaterial in sexual assault cases under the POCSO Act. The court clarified that grabbing a child's chest with sexual intent constitutes sexual assault regardless of the specific anatomical terminology used.
Why it matters
This legal precedent closes a potential loophole in child protection laws, ensuring that sexual intent is the primary factor in prosecution rather than semantic technicalities.
The Kerala High Court has held that the distinction between chest and breast is irrelevant in a sexual assault offence under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Justice A. Badharudeen made the observation while modifying the sentencing of a person charged with assaulting a 12-year-old boy in Kozhikode. The accused was punished for aggravated sexual assault by the special court for the trial of offences under the Protection of Children from Sexual Offences Act, Manjeri.
After perusing the evidence on record, the court observed that the accused had committed sexual assault under the POCSO Act, punishable with rigorous imprisonment of three to five years, and not aggravated sexual assault of a child in vulnerable circumstances, punishable with rigorous imprisonment of not less than 10 years.
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