Kissing Minor’s Genitals Is Penetrative Assault Under POCSO: Kerala HC

Case Title: Thomas Thomas v. State of Kerala

Case No.: Crl.A No. 1843 of 2023

Coram: Justice A. Badharudeen

Court Observation

“the statutory wordings in Section 3(d) of the POCSO Act, it could be seen that applying the mouth of the accused to the penis, vagina, anus or urethra of the child is sufficient to find an offence as stated in Section 3(d) of the POCSO Act. That is to say, the law does not mandate oral sex or deeper penetration for this specific clause and any intentional physical contact where the mouth is applied to the specified private parts satisfies the mandate. Similarly, when the mouth touches the penis with sexual intent, the said act to be categorized as penetrative sexual assault under Section 3(d), punishable under Section 4 of the POCSO Act,”

“In the instant case, the evidence of PW1 would show that the accused repeatedly kissed on the penis of the victim, be it so, the learned Special Judge is right in holding that the appellant/accused committed offence under Section 9(l) r/w.10 of the POCSO Act. Hence, the conviction is liable to be sustained,”

Kissing Minor’s Genitals Is Penetrative Assault Under POCSO: Kerala HC