New charge under POCSO Act can be added: HC

One-liner: The HC of Karnataka has held that a new charge under the Protection of Children from Sexual Offences (POCSO) Act can be added to a criminal trial by the order of a Sessions Court judge.

Challenged: A man, facing charges under the IPC for offences of procuration of a minor girl, had challenged the II Additional District and Sessions Judge, Kolar, allowing the additional charge under Section 7 of the POCSO Act before the HC.

• The HC dismissed his petition saying no fault can be found with the order of the concerned court

Proper: The prosecution had sought the alteration of charge for addition of offence under POCSO, under Section 216 of the CrPC, which is proper, the HC said.

• Section 7 of the POCSO Act deals with the acts of touching specific sexual parts of minors with sexual intent

Sexual intent: It also deals with any other act done with sexual intent which involves physical contact but without penetration.

Inappropriate touch: During the trial, the victim had testified that the accused had touched inappropriate places on her body leading the prosecution to seek to add the charge under POCSO Act.

• The victim was going to school on Dec 1, 2016, when the accused on a bike offered to drop her at school

Kidnapped: But, along with two other accused, he kidnapped her to get her married to the fourth accused.

Escaped: The girl escaped from their custody and a complaint was filed with the police. The accused, along with others, were charged under the IPC sections.

Trial: During the trial, based on the statements made by the girl, the prosecution sought the alteration of the charge and inclusion of offence punishable under the POCSO Act as well.

Source: PTI