Kerala High Court: Kissing Minor's Private Parts Is Sexual Assault Under POCSO

The Kerala High Court ruled that kissing a child's penis with sexual intent constitutes penetrative sexual assault under the POCSO Act, upholding a 20-year prison sentence for a convicted man. The judgment expands the legal definition of this serious crime. The ruling came as the court dismissed an appeal by a man convicted for assaulting a 14-and-a-half-year-old boy on two occasions. Justice A Badharudeen clarified that Section 3(d) does not require oral sex or deeper penetration, as applying the mouth to a child's sexual organ with intent suffices. The decision reinforces that POCSO's definition extends beyond conventional intercourse, aligning with earlier rulings this year where courts noted that intact hymen or absence of vaginal injuries does not preclude a finding of penetrative assault.