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Synopsis

The Kerala High Court has refused to quash a Prevention of Children from Sexual Offences (POCSO) Act case, filed against a 77 year old man, for sexually abusing a 10 year old boy who was enticed by the accused while he was returning from his tuition by showing him Rs. 200. 

The court, presided over by Justice A. Badharudeen, rejected the petition seeking to quash the proceedings against the accused, noting that “on no stretch of imagination, it could be held that offences are not made out, prima facie.”

According to the prosecution, the incident occurred on July 21, 2023, when the accused, namely Aboobacker P. M, allegedly lured the minor survivor to his house with the promise of money. The survivor was returning home from tuition when the accused, who was on a scooter, stopped nearby and instructed the boy to meet him at his quarters. The boy was allegedly told to enter through a different gate, and once inside, the accused took him to a car shed where he attempted to sexually assault him. The boy subsequently discontinued his tuition, fearing the accused's actions, he informed his uncle, Noushad, about the incident, who reported it to the authorities on July 31, 2023, leading to the registration of a crime. The accused was charged under Section 370(4) of the Indian Penal Code (IPC), dealing with the offence of trafficking a minor and Section 10 r/w 9(m) for sexual assault on child below the age of twelve years, and Section 12 r/w 11(vi) providing with sexual harassment under the POCSO Act.

The petitioner argued that no offence under the POCSO Act has been made out and sought the quashing of the entire proceedings contenting that he is an old aged man. The petitioner also claimed that the case is false and the matter between the parties is about to be settled.

Opposing the petition, Senior Public Prosecutor Renjit George contended that the ingredients of the offences are prima facie made out contending that the matter would require trial.

The court examined the definition of sexual assault provided under the POCSO Act and noted that “the legislature dealt with 3 overt acts as offences of sexual assault. The first one is touching the vagina, penis, anus or breast of the child with sexual intent; the second one is making the child touching the vagina, penis, anus or breast of such person or any other person and the third one is doing any other act with sexual intent which involves physical contact without penetration.”

The court observed that the accused physically contacted the child victim, below 12 years, with sexual intent, constituting sexual assault under Section 9(m) of the POCSO Act. The court, thus, ruled that prima facie, the offence under the POCSO Act has been made out, establishing the prosecution's case against the accused.

Furthermore, the court noted that “offences under the POCSO Act could not be settled otherwise,” refusing to quash the case against the accused and dismissing the petition filed by him.

 

Cause Title: Aboobacker P. M v State of Kerala [ CRL.MC NO. 9228 OF 2024]

Advocates Biju Anthony Aloor, Krishnasankar D., Sreelakshmi K., G. Devapal, Rabin Vincent Gralan and Ashik Joni M. Appeared for the petitioner/ accused.