Doesn’t physical contact for sexual purposes amount to penetration under the POCSO Act? Kerala High Court Response

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

The incidents allegedly occurred multiple times and the victim eventually complied with the order out of fear of further harm.

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

The special court also referred to Art. 29 and 30 of the POCSO Act which presume that the accused is guilty unless it is proven otherwise and his mental state is culpable.

The accused challenged the trial court’s decision by filing a review petition with the Kerala High Court seeking dismissal from the case.