"Not Permitted to Accuse Pocso Merely for Sending Text Messages"
Kochi: Merely sending messages and making calls to a minor without any sexual intent would not attract an offence under the Pocso Act, a HC bench of Justice A Badharudeen held while quashing a Pocso c...
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In Kochi, a High Court bench ruled that simply sending messages and making calls to a minor without any sexual intent does not constitute an offense under the Pocso Act. The case involved a 24-year-old man who allegedly sent messages and made calls to a 17-year-old girl, causing her distress. The police registered a case against the man under stalking and sexual harassment charges, but he approached the High Court seeking to quash the case. The victim submitted an affidavit stating that the matter had been settled and no further action was needed. The court observed that unless the messages or chats show sexual intent, the Pocso offense would not apply. The prosecution's allegations were based on the messages and calls causing disturbance to the victim, but there was no evidence of repeated contact with sexual intent.