"You can't punish under POCSO just for texting"
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 would not constitute an offense under the Pocso Act. The case involved a 24-year-old man who was accused of causing distress to a 17-year-old victim by sending messages and making calls to her mobile phone. The petitioner approached the High Court after facing charges under stalking and sexual harassment laws. Despite the victim submitting an affidavit stating that the issue had been resolved and further action was unnecessary, the prosecution opposed dismissing the case, arguing that Pocso offenses cannot be settled legally. The bench emphasized that for a Pocso offense to apply, the messages or chats must demonstrate sexual intent. In this case, the allegations were limited to the act of sending messages and making calls, which caused disturbance to the victim. The court noted that there was no evidence in the prosecution's records to suggest that the accused had repeatedly contacted the child with sexual intent, either electronically or through other means.