By Kawanpreet Kaur 

The Kerala High Court said that since the POCSO Act contains harsh provisions and punishments, it is often misused by people connected with minors to settle personal scores, even in matrimonial disputes where false allegations are put against the father to deny custody. The Court cautioned the police officials and other courts to be vigilant against people with ill motives who use the Act to give vent to their frustration against the other party. It was alleged that the father of the minor uttered obscene words and made a gesture with his tongue with a sexual intent to the victim in her house. He was charged under IPC and Section 11(i) of POCSO Act for reciting obscene words in public and insulting the modesty of a woman and sexual harassment of a child. The Court held that no offence under IPC took place as the said words were not spoken in public and the act was not done with a sexual intent or to outrage the modesty or intrude the privacy of the victim. It was further held that there was no commission of an offence under Section 11(i) of POCSO Act as the gesture was not disclosed by the prosecution and therefore, no examination could be made to check whether the act was done to outrage the modesty or intrude upon the privacy of the victim, in the presence of the child. The Court also observed a rivalry between the accused and the victim’s father. Accordingly, the Court quashed all further proceedings against the petitioner in the concerned matter. (XX v State of Kerala- Crl.M.C. No. 714 of 2022) 

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