"Texting alone is not grounds for Pocso punishment"
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 led by Justice A Badharudeen ruled that simply sending messages and making calls to a minor without any sexual intent does not constitute an offence under the Pocso Act. The case involved a 24-year-old man who was accused of causing distress to a 17-year-old girl by sending messages and making phone calls to her. The police had filed a case against the man under stalking and sexual harassment laws, but the man approached the High Court to have the case dismissed. The victim confirmed in an affidavit that the matter had been resolved and further action was not needed. The court determined that for a Pocso offence to apply, there must be evidence of sexual intent in the messages or communications. Since the prosecution's evidence only showed that the accused contacted the victim without showing any sexual intent, the court dismissed the case.