Court reduces sentence from 7 years to 3 years rigorous imprisonment, emphasizing anatomical terminology in sexual assault under POCSO Act.
In a significant ruling, the Kerala High Court has modified the conviction of Aboobacker, who was previously sentenced to seven years for aggravated sexual assault under the Protection of Children from Sexual Offences Act (POCSO Act). The court, presided over by Justice A. Badharudeen, re-evaluated the evidence and reduced the sentence to three years rigorous imprisonment, while also imposing a fine of Rs. 5,000.
The case revolved around a 2022 incident where Aboobacker allegedly grabbed the chest of a 12-year-old boy with sexual intent and attempted to lure him into a vacant house. Initially, the Special Court had convicted him under Section 9(l) read with Section 10 of the POCSO Act, which pertains to aggravated sexual assault.
During the appeal, the High Court meticulously examined the evidence, particularly the testimony of the victim. The victim had reported the incident promptly and identified Aboobacker during the trial. Despite the defense's argument that there was insufficient evidence to establish sexual assault, the court found the victim’s testimony credible and consistent.
A pivotal aspect of the judgment was the court's interpretation of the terms "chest" and "breast" as used in Section 7 of the POCSO Act. Justice Badharudeen highlighted that, in the context of sexual assault, the term "chest" is often used interchangeably with "breast." The court ruled that touching the "chest" with sexual intent falls under the definition of sexual assault, thereby clarifying that anatomical differences should not negate the charge.
Consequently, the court held that the actions of the accused constituted sexual assault under Section 7, punishable under Section 8 of the POCSO Act, rather than aggravated sexual assault under Section 9(l). The court, therefore, modified the conviction and reduced the sentence to the statutory minimum of three years, considering the nature of the offense and the circumstances of the case.
This ruling underscores the judiciary's nuanced approach to interpreting the POCSO Act, ensuring that legal definitions align with the practical realities of sexual offenses against children. The judgment also serves as a precedent for future cases where anatomical terminology plays a critical role in the interpretation of sexual assault allegations.
Bottom line:-
POCSO Act - Distinction between "chest" and "breast" under Section 7 of the POCSO Act - Sexual assault defined under Section 7 includes touching the breast of the child or any act with sexual intent involving physical contact without penetration.
Statutory provision(s): Sections 7, 8, 9(l), 10 of the Protection of Children from Sexual Offences Act, 2012.
Aboobacker v. State of Kerala, (Kerala) : Law Finder Doc id # 2944626
