'Cannot charge under POCSO Act just for sending messages'
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 ruled 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 in question involved a 24-year-old man who was accused of causing distress to a 17-year-old girl by sending messages and making calls to her. The police had filed a case against him under stalking and sexual harassment laws, but the man approached the High Court seeking to have the case quashed. The victim herself confirmed in an affidavit that the matter had been resolved and further action was unnecessary. The court ultimately found that unless there is evidence of sexual intent in the messages or communication, the Pocso Act does not apply. The prosecution's case was based on the disturbance caused to the victim by the messages and calls, but it did not show repeated contacts with a sexual motive.