Kissing Child's Pen*s Constitutes Penetrative S*xual Assault: Kerala High Court

The Kerala High Court has ruled that kissing a child's pen*s with s*xual intent amounts to penetrative s*xual assault under the Protection of Children from S*xual Offences (POCSO) Act. Justice A. Badharudeen delivered the ruling while dismissing an appeal filed by a 61-year-old man, upholding his conviction and 20-year rigorous imprisonment sentence under the POCSO Act.

Legal Interpretation of Section 3(d)

Addressing the legal parameters of the statute, the High Court clarified that Section 3(d) of the POCSO Act does not require deeper penetration or full oral s*x to establish the offense, reports Verdictum. Muslim Man Having S*x With Minor Wife Liable Under POCSO Act: Kerala High Court.

The Bench noted that applying the mouth to a child's private parts satisfies the statutory requirement. The Court held, "Going through the evidence of PW1, that the accused kissed on his pen*s on two occasions, along with the statutory wordings in Section 3(d) of the POCSO Act, it could be seen that applying the mouth of the accused to the pen*s, vagina, anus or urethra of the child is sufficient to find an offence as stated in Section 3(d) of the POCSO Act."

The Court further stated, "That is to say, the law does not mandate oral s*x or deeper penetration for this specific clause and any intentional physical contact where the mouth is applied to the specified private parts satisfies the mandate. Similarly, when the mouth touches the pen*s with s*xual intent, the said act to be categorized as penetrative s*xual assault under Section 3(d), punishable under Section 4 of the POCSO Act."

Case Background and Trial

The prosecution case originated from an incident on January 26, 2020, where the accused invited a 14-and-a-half-year-old boy to his shop, provided him with liquor and a ganja beedi, and subjected him to s*xual assault, reports Law Beat. A Fast Track Special Court in Pathanamthitta previously convicted the man, sentencing him to 20 years of rigorous imprisonment along with a fine of INR 1 lakh under Sections 5(l) and 6 of the POCSO Act for repeated aggravated penetrative s*xual assault, alongside additional penalties under the Juvenile Justice Act. Kerala: Man Uploads Wife's Intimate Videos on P*rn Websites and Performs S*x Act in Front of Daughter; Arrested.

Challenging the verdict, the defense argued that the victim had behavioral issues and that the accused had been falsely implicated. However, upon reviewing the victim’s testimony and medical and documentary evidence, the High Court found the statements credible, confirmed the conviction, and upheld the sentence as reasonable.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Sep 02, 2026 03:38 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).