Messages without sexual intent sent to minor: No offense is made u/s 11 of POCSO
Last Updated on October 1, 2024 by Shianjany Pradhan
Criminal proceedings were instituted against a 24-year-old man who was accused on the reasons that he had sent messages and calling a 17-year-old girl, which had caused her disturbance.
He was registered under Section 354 D of the Indian Penal Code, Section 11(iv), and Section 12 of the POCSO Act.
Observation
It was observed by Justice Badharudeen of the Kerala HC that there was no evidence against the petitioner that would be sufficient to prove that he had been sending messages constantly to the minor with a ‘sexual intent’ for attracting the offense of sexual harassment under the POCSO Act.
The petitioner submitted that the messages were not made available for the purpose of the records.
The petitioner requests the quashing of the proceedings as no offense has been made out, and the matter has been settled outside the court.
The public prosecutor submitted that the POCSO case cannot be quashed
The court said that the primary allegations have been made, but the ingredients for the same have not been attained.
The messages were not produced before the court to establish the sexual intent. Thus it does not attract the offense of sexual harassment.
Conclusions
The court held that no prima facie case had been made out.
The Kerala H.C. had quashed the criminal proceedings
Case Title:- Praveen Prakash v. State of Kerala
