The Kerala High Court has held that grabbing a child's chest with sexual intent amounts to sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, observing that the term "chest" is commonly used as a synonym for "breast" in sexual molestation cases.
Justice A. Badharudeen made the observation while partly allowing an appeal filed by a man convicted under the POCSO Act.
The court modified his conviction from aggravated sexual assault to sexual assault and reduced his sentence from seven years to three years of rigorous imprisonment. It also imposed a fine of Rs 5,000, with a default imprisonment of two weeks if the fine is not paid.
The case relates to an incident on May 15, 2022, in which a 12-year-old boy alleged that the accused pressed his chest, caught hold of his abdomen from behind, held his hand and offered him Rs 50 to accompany him to a nearby vacant house. The boy escaped and informed his parents.
The accused argued that merely touching a child's chest would not constitute sexual assault and contended that "chest" and "breast" are anatomically different organs.
In its July 10 order, the court referred to dictionary definitions of "breast" and "chest", noting that while there is a medical and anatomical distinction between the two terms, "chest" is commonly used to refer to the breast in cases of sexual molestation.
The court held that when a child states that an accused grabbed his chest with sexual intent, the only reasonable inference is that the accused touched the breast area. It said such a distinction in terminology cannot defeat the allegation if the ingredients of sexual assault under Section 7 of the POCSO Act are otherwise established.
Accordingly, the court set aside the conviction for aggravated sexual assault and convicted the accused of sexual assault.