Sexual intercourse, exhibiting body in front of minor child punishable under Pocso Act: Kerala HC

Kochi: The Kerala High Court has held that having sexual intercourse and exhibiting any part of the body with the intention that it would be seen by a child would amount to sexual harassment and be punishable under the Pocso Act.

"To be more explicit, when a person exhibits the naked body to a child, the same is an act intending to commit sexual harassment upon a child and therefore, the offence punishable under Section 11(i) read with 12 of the Pocso Act would attract. 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 Section 11(i) read with 12 of the Pocso Act, as against the petitioner in this case is made out," the court ruled.

The petitioner, who is the second accused, had sexual intercourse with the mother of the child, the first accused.

The allegation is that the petitioner and the mother engaged in sexual intercourse at a lodge room after sending the minor boy to buy some articles. When the boy returned he saw the person and his mother engaging in sexual intercourse after getting naked as they did not lock the room. The man, seeing the minor, abused him by grabbing his neck, beating him on the cheek, and kicking him and was booked for various charges including Section 11 (sexual harassment) and 12 (punishment for sexual harassment) of the Pocso Act.

The court stated that the minor got into the room since the room was not locked which led the minor boy to see the sexual intercourse.

"Reading the statutory provision, a person is said to commit sexual harassment upon a child, when such person with sexual intent, utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child. The same is an offence punishable under Section 12 of the Pocso Act," it said.

Accordingly, the High Court stated that the petitioner can be tried for offences punishable under Sections 323 read with Section 34 of IPC as well as under Section 11(i) read with 12 of the Pocso Act.