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...
In Kochi, a High Court bench ruled that simply sending messages and making calls to a minor without any sexual intent would not violate the Pocso Act. The case involved a 24-year-old man accused of causing distress to a 17-year-old girl by contacting her on her mobile phone. The prosecution charged him with stalking and sexual harassment, but the accused argued that the matter had been resolved and further legal action was unnecessary. The court emphasized that for a Pocso offence to apply, there must be evidence of explicit sexual intent in the messages or communication. The prosecution's case was found to lack such evidence, as it only focused on the disturbance caused to the victim without proving repeated contact with a sexual motive.