Accused found guilty of penetrative sexual assault and use of intoxicants on minor; Juvenile Justice Act conviction and sentences also confirmed
In a significant judgment delivered on September 1, 2026, the Kerala High Court, through Justice A. Badharudeen, upheld the conviction and sentences imposed on Thomas Thomas, who was found guilty of multiple offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015. The accused was sentenced to rigorous imprisonment totaling 30 years along with fines for offences involving sexual assault and use of intoxicants on a minor.
Background:
The case originated from a complaint alleging that the accused, Thomas Thomas, had subjected a 14½-year-old boy to aggravated sexual assault at his tea shop in Mezhuveli Panchayat, Pathanamthitta district. The prosecution alleged that the accused had given the victim ganja (cannabis) and beer, forcibly administered sexual acts including kissing the victim's penis twice, and influenced the victim to behave disruptively at home.
Trial Court Verdict:
The Special Court for POCSO cases convicted the accused under Sections 5(1) read with 6, and 9(1) read with 10 of the POCSO Act, and Section 77 of the Juvenile Justice Act. The accused was sentenced to rigorous imprisonment for 20 years under Section 6 read with 5(1) of the POCSO Act, 5 years under Section 10 read with 9(1) of the POCSO Act, and 5 years under Section 77 of the Juvenile Justice Act, along with respective fines. The accused was acquitted of the Section 377 IPC charge.
Appeal and Court's Analysis:
The accused challenged the verdict on grounds including the victim's alleged bad character and the accused's advanced age (61 years) seeking leniency. However, the Kerala High Court found the prosecution's evidence reliable and cogent, especially the victim's testimony (PW1), which was corroborated by other witnesses including counselors and police officers.
The Court meticulously examined the definition of "penetrative sexual assault" under Section 3(d) of the POCSO Act, noting that the accused's act of kissing the victim's penis constituted penetrative sexual assault within the meaning of the law. The Court clarified that the law does not require oral sex or deeper penetration for this offence; application of the mouth to the specified private parts with sexual intent suffices.
Further, repeated acts of sexual assault by the accused on the victim were substantiated, justifying the charges under Section 9(1) read with Section 10 of the POCSO Act. The Court also upheld the conviction under Section 77 of the Juvenile Justice Act for administering intoxicants to a minor.
Regarding sentencing, the Court found the punishment imposed by the trial court to be just and proportionate, dismissing the appeal and confirming the rigorous imprisonment and fines.
Significance:
This judgment underscores the judiciary's strict stance on sexual offences against children and the application of the POCSO Act's provisions. It also reinforces that physical acts like kissing private parts of a child with sexual intent constitute penetrative sexual assault, expanding understanding of the scope of offences under the Act.
The Court's confirmation of conviction under the Juvenile Justice Act for use of intoxicants on a child highlights the holistic approach of child protection laws in India.
The case serves as a precedent for future prosecutions involving similar offences, emphasizing the importance of victim testimony corroborated by credible evidence in securing convictions under child protection statutes.
Bottom Line:
Conviction for offences under the POCSO Act and Juvenile Justice Act upheld on the basis of the victim's testimony and corroborative evidence. Sentence found reasonable and confirmed.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 3(d), 5(1), 6, 9(1), 10; Juvenile Justice (Care and Protection of Children) Act, 2015 Section 77
Thomas Thomas v. State of Kerala, (Kerala) : Law Finder Doc Id # 2971258
