PTC Web Desk: The Kerala High Court has ruled that touching or groping a child's chest with sexual intent qualifies as sexual assault under the law, rejecting a defence argument that tried to draw a technical distinction between the words "chest" and "breast."

Justice A  Badharudeen, in an order dated July 10, held that if a person touches this part of a child's body with sexual intent, or makes physical contact without penetration, it amounts to sexual assault under the POCSO (Protection of Children from Sexual Offences) Act.

What the court said about 'Chest' vs 'Breast'

The defence had argued that touching the chest does not amount to sexual assault, since "chest" and "breast" refer to two different body parts. The court acknowledged that, medically and anatomically, there is indeed a difference between the two terms , citing the Oxford Dictionary's definition of "breast" as the milk-producing part of a woman's body (or its smaller, less developed counterpart in men), and Webster's Dictionary's definition of "chest" as the upper front part of the body between the neck and abdomen, housing the heart and lungs.

However, the court noted that in cases of sexual abuse, the word "chest" is commonly used by victims as a substitute for "breast." It ruled that this difference in terminology cannot be used to lessen the seriousness of the offence  and dismissed the defence's argument.

Also Read | Class 11 dropout, Rs 64 crore fraud: How an 18-year-old built India's biggest fake banking app scam

While upholding that the act constituted sexual assault, the Kerala High Court modified the trial court's original verdict, downgrading the conviction from "aggravated sexual assault" to "sexual assault." As a result, the accused's earlier seven-year prison sentence was reduced to three years of rigorous imprisonment, along with a fine of Rs 5,000. Failure to pay the fine will attract an additional two weeks in jail.

What happened in the case

The incident dates back to May 15, 2022, when the accused allegedly groped the chest of a 12-year-old boy and then grabbed his stomach. The accused reportedly lured the child with an offer of Rs 50 and asked him to accompany him to a nearby empty house. The boy managed to escape and ran home, where he told his parents what had happened. The family subsequently filed a police complaint, leading to the case.

- With inputs from agencies

Join Whatsapp Channel