'Cannot charge under POCSO Act solely 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 simply sending messages and making calls to a minor without any sexual intention would not be considered an offense under the Pocso Act. The case involved a 24-year-old man accused of causing distress to a 17-year-old by contacting her on her mobile phone. The prosecution charged him under stalking and sexual harassment laws, but the accused argued that there was no sexual intent. The bench highlighted that unless messages or chats demonstrate a clear sexual motive, Pocso laws do not apply. The court noted that the prosecution's evidence only indicated communication that caused disturbance and did not show repeated contact with a sexual motive. The accused presented an affidavit from the victim stating that the matter had been resolved, but the prosecution opposed dropping the case, claiming Pocso offenses cannot be settled legally.