The Kerala High Court has ruled that grabbing a child’s chest with sexual intent constitutes sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, establishing that the term chest is routinely used as a synonym for breast in molestation cases.
In a July 10 order, Justice A Badharudeen modified a man’s conviction from aggravated sexual assault to sexual assault, reducing his punishment from seven years to three years of rigorous imprisonment. The court also ordered the convict to pay a fine of Rs 5,000, with an additional two-week prison sentence mandated in the event of non-payment.
Legal Interpretation Of Chest And Breast
Defense counsel T U Sujith Kumar and Winston K V had argued that mere contact with a child’s chest does not satisfy the criteria for sexual assault. The defense contended that while touching a breast with sexual intent constitutes an offense, the chest and breast represent distinct physical organs.
Addressing these arguments, the court acknowledged that Oxford and Webster dictionary definitions draw anatomical distinctions between the terms. However, the high court noted that in the context of sexual molestation cases, the word chest is widely understood as synonymous with breast.
The judge concluded that when a child victim states that an accused grabbed their chest with sexual intent, it signifies grabbing the breast area. Consequently, anatomical differences between the terms cannot be used to defeat an allegation under Section 7 of the POCSO Act.
Background Of The Case
The proceedings arise from a May 15, 2022 incident involving a 12-year-old boy. Prosecution details show that the accused approached the child from behind, pressed his chest, and grabbed his abdomen. The man then held the boy’s hand and offered him Rs 50 to accompany him to a nearby vacant property.
The survivor escaped to his home and informed his parents, leading to criminal charges. A special court originally convicted the accused of aggravated sexual assault under the POCSO Act and sentenced him to seven years in prison before the high court issued the revised verdict and sentence reduction.
