"You can't accuse Pocso just for sending a text"
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 merely 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 accused of sending messages and making calls to a 17-year-old victim, causing her distress. The police had registered a case against him for stalking and sexual harassment under the IPC and the Pocso Act, respectively. The man approached the High Court, presenting an affidavit from the victim stating that the matter had been resolved. However, the prosecution argued against quashing the case, contending that Pocso offences cannot be settled. The court held that unless the messages or chats demonstrate sexual intent, the Pocso Act does not apply. The prosecution's allegations were limited to the messages and calls causing disturbance to the victim, without evidence of repeated contact with sexual intent.