In a landmark ruling on September 10, 2024, the Kerala High Court quashed charges under the POCSO Act and the IPC against a man accused of harassing a 17-year-old girl. The case, originating from Kozhikode, involved allegations of stalking through messages and phone calls. However, Justice A. Badharudeen observed that without evidence of sexual intent, such actions do not amount to sexual harassment under Section 11(iv) of the POCSO Act or Section 354D of the IPC.
The court highlighted that while the accused contacted the girl, there was no proof that the messages had sexual intent. The judge emphasized that criminal charges require clear evidence, and the mere act of messaging or calling a minor does not automatically constitute an offence under the POCSO Act.
Consequently, the court quashed the FIR and all proceedings, affirming the need for concrete evidence to establish sexual intent when prosecuting such cases. The ruling underscores the importance of thoroughly examining the facts before imposing criminal liability in cases involving minors.
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