Does physical contact with sexual intent without penetration fall under the POCSO Act? The Kerala High Court answers

The accused man, a 58-year-old teacher at St Paul’s AUP School, was accused of taking the minor victim to a staff room and forcing him to lie on the teacher’s body. The teacher was also accused of hitting the student when he initially resisted.

The incidents allegedly occurred several times and the victim, fearing further harm, eventually complied.

Ultimately, criminal charges were filed against the accused teacher by a special court under sections 9(f) (sexual assault by a staff member in an educational or religious institution), 9(m) (sexual assault on a child under twelve years of age), and 10 (punishment for aggravated assault) of the POCSO Act.

The special court also relied on Sections 29 and 30 of the POCSO Act, which presumes that the accused is guilty unless proven otherwise and was of culpable mental state.

The accused has challenged the court’s decision by approaching the Kerala High Court with a review petition, seeking discharge of the case.