Kochi: The Kerala High Court has ruled that touching or holding a child’s chest with sexual intent amounts to sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, observing that the term “chest” is commonly understood to refer to the “breast” in cases of sexual abuse.
The observation came while the court modified the conviction of a man from aggravated sexual assault to sexual assault under the POCSO Act. As a result, the court reduced his sentence from seven years’ imprisonment to three years of rigorous imprisonment.
In its July 10 order, Justice A. Badharudeen held that if a person touches a child’s chest with sexual intent or establishes physical contact without penetration, it constitutes the offence of sexual assault under the POCSO Act.
The court referred to dictionary definitions and noted that while the terms “chest” and “breast” may differ from a medical and anatomical perspective, the expression “chest” used by a child in cases of sexual abuse should be understood as referring to the breast for the purpose of determining the offence.
The High Court said the interpretation was consistent with the objective of the POCSO Act to protect children from sexual offences and ensure that such complaints are assessed in their proper context.
