"You cannot file a POCSO case 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 a recent ruling, a High Court bench in Kochi clarified 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 accused of causing distress to a 17-year-old girl by communicating with her on her mobile phone. The prosecution charged him under stalking and sexual harassment laws but the man sought relief from the High Court, presenting an affidavit from the victim indicating settlement of the matter. The court emphasized that for a Pocso offense to be applicable, there must be evidence of sexual intent in the messages or communications. Despite the victim's distress, the court noted that the accused did not persistently contact her with any sexual motives, as per the prosecution's records.