The Kerala High Court has upheld the conviction of a 61-year-old man under the POCSO Act, holding that applying the mouth to a child’s penis with sexual intent constitutes penetrative sexual assault under Section 3(d) of the Act, even where there is no deeper penetration or oral sex.
Justice A. Badharudeen was hearing the accused’s appeal against his conviction by the Special Court for POCSO cases. The trial court had sentenced him to 20 years’ rigorous imprisonment and a fine of ₹1 lakh for aggravated penetrative sexual assault under Sections 5(l) and 6 of the POCSO Act, along with additional sentences under the Act and the Juvenile Justice Act.
The prosecution case was that the accused had given liquor and a ganja beedi to a 14½-year-old boy at his shop and sexually assaulted him twice. The High Court found the victim’s evidence sufficient and noted that the child’s account was supported by other prosecution evidence.
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Interpreting Section 3(d), the Court observed that the provision does not mandate oral sex or deeper penetration. It held that intentional physical contact involving application of the mouth to the specified private parts, including the penis, satisfies the statutory requirement of penetrative sexual assault.
The Court also upheld the finding of repeated sexual assault under Sections 9(l) and 10 of the POCSO Act, noting that the victim had deposed that the act was committed on two occasions. It consequently dismissed the appeal and confirmed both the conviction and sentence.
