Kerala HC: Grabbing child's chest with sexual intent amounts to sexual assault under POCSO

In a significant ruling under the Protection of Children from Sexual Offences Act, 2012, the Kerala High Court held that grabbing a child's chest with sexual intent constitutes sexual assault under Section 7 of the POCSO Act. The court rejected a narrow interpretation based on the distinction between the terms "chest" and "breast".

However, the court observed that conviction for aggravated sexual assault under Section 9(l) requires proof of repeated sexual assault and cannot rest on unsubstantiated allegations of earlier incidents. The bench partly allowed the accused's appeal, setting aside the aggravated sexual assault conviction and modifying it to an offence under Section 7 read with Section 8, POCSO Act, sentencing the accused to 3 years' rigorous imprisonment and ₹5,000 fine.

The case involved alleged sexual assault on a 12-year-old boy in May 2022. The Special Court had convicted the accused for aggravated sexual assault, which the High Court partially overturned based on insufficient evidence of repeated assault.