Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

The Kerala High Court held that physical contact with sexual intent, even without penetration, constitutes sexual assault under Section 7 of the POCSO Act. The case involved a teacher who allegedly made a child lie on his body and beat him when he refused. The court confirmed that any act involving physical contact with sexual intent falls under the definition of sexual assault. The court emphasized that the Special Court can presume the mental state of the accused under Section 30 of the POCSO Act, but the accused can defend by proving the absence of such intent. The court dismissed the accused’s petition for discharge, reinforcing the broad scope of the POCSO Act in protecting children from sexual abuse. This ruling underscores the importance of recognizing and addressing all forms of sexual misconduct against children.