By Praneetha Shivaprasad

A single-judge bench of the Kerala High Court refused to quash POCSO proceedings lodged against a thirteen-year-old child. In this case, the accusation against the accused-petitioner is that he has subjected the victim aged 5 years to penetrative sexual assault. The petitioner is accused of offences punishable under Sections 342 and 377 of the Indian Penal Code, 1860 and under Section 3(c) read with Sections 4, 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. A petition to quash the proceedings was instituted on the ground that a case could not be lodged against the accused since the accused was a child and lacked criminal intent. The court ruled that a child can also be under the POCSO Act while stating that the Juvenile Justice Board would have jurisdiction in such a case. (Crl.M.C.No.5185 of 2020)

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