Inappropriately touching victim comes under Pocso Act, says Karnataka High Court

The Karnataka High Court has said that if the allegation is that a victim is touched inappropriately, the same constitutes ‘any other act’ under Section 7 of the Pocso Act.

The court in a recent judgment rejected the petition filed by an accused claiming that the charge under the Pocso Act was invoked against him belatedly.

The background of the case is that the petitioner offered to drop the victim when she was on the way to school on December 1, 2016, in Kolar.

On the way, three other accused joined him and the victim was kidnapped. The purpose of the kidnapping was to get her married to one of the accused.

The victim had managed to escape and a complaint was filed on December 6, 2016, under IPC Sections 366A and 506.

In January 2021, the prosecution moved an application seeking alteration of the charge for inclusion of the offence punishable under the Pocso Act, based on the statement by the victim.

The trial court allowed the application on December 31, 2021 and permitted amendment of the charge for inclusion of Section 7.

HC order challenged

The petitioner challenged this order before the High Court contending that the charge was altered three years after the commencement of the trial.

It was also argued that the victim was kidnapped only to get her married to a co-accused.

The petitioner also argued that no one had indulged in any act that would become an offence under the Pocso Act.

Justice M Nagaprasanna noted that Section 7 of the Pocso Act, which pertains to ‘sexual assault’, on its appearance has two parts.

“The first part of the section deals with the acts of touching specific sexual parts of the body with sexual intent.

“The second part speaks about “any other act” done with sexual intent, which involves physical contact but without penetration.

“Therefore, the second part of Section 7 of the act is prima facie applicable in the case at hand qua the evidence of the victim child. The child speaks of touching by the accused at inappropriate places of her body,” the High Court said, adding that the accused has to face the trial.