Difference between ‘chest’ and ‘breast’ immaterial in POCSO offences: Kerala HC

The Kerala High Court has held that the distinction between chest and breast is irrelevant in a sexual assault offence under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Justice A. Badharudeen made the observation while modifying the sentencing of a person charged with assaulting a 12-year-old boy in Kozhikode. The accused was punished for aggravated sexual assault by the special court for the trial of offences under the Protection of Children from Sexual Offences Act, Manjeri. 

After perusing the evidence on record, the court observed that the accused had committed sexual assault under the POCSO Act, punishable with rigorous imprisonment of three to five years, and not aggravated sexual assault of a child in vulnerable circumstances, punishable with rigorous imprisonment of not less than 10 years. 

The State had alleged that the accused came up from behind the child and caught hold of him with sexual intent. The accused had contended that the mere touch or catch on the chest of a child would not stand as an offence under the POCSO Act. It was argued that only touching the breast of a child with sexual intent would constitute the offence. 

In this regard, the court explored the meanings and distinctions of the words. The court observed that even though the definitions of the two words produced distinct medical and anatomical differences, in sexual assault cases, ‘chest’ is commonly used as a synonym for the word ‘breast’.

Therefore, when considering the factors in sexual assault offences under the POCSO Act, when a survivor claims that the accused grabbed on his chest with sexual intent, it has to be inferred that the accused grabbed on the breast of the child, intending to assault him, the court held.