'I Know Good Touch-Bad Touch; Have Learnt In School' : Boy's Statement Leads To Man's POCSO Conviction

A recent judgment from Kerala in a child sex abuse case highlights the importance of imparting sensitization among children about 'good touch' and 'bad touch'.

A Fast Track Special Court in Thiruvananthapuram on Monday sentenced a man to rigorous imprisonment for five years for sexually abusing a minor boy in 2020 under the Protection of Children from Sexual Offences (POCSO) Act.

Special Judge R. Jayakrishnan found Vijayakumar guilty of the crime that had taken place two years ago and imposed a fine of ₹ 25,000 along with imprisonment, a default of which would result in additional imprisonment of six months.

The matter garnered attention after the 9-year-old boy testified that Vijayakumar pressed his private parts and that he identified it to be a 'bad touch'.  

Special Public Prosecutor Vijay Mohan R.S told LiveLaw that the child deposed before the police and the Court that he could differentiate between a 'good touch' and 'bad touch' since it had been taught to him at school. He added that the man ought to be punished since has had touched him with a bad intention. 

The Prosecutor also disclosed that the 9-year-old had testified before the Court as such:

"That was bad touch. This uncle has committed a crime. Uncle should be punished...I can tell good touch from bad touch. I've learnt this at school."

This points to the significance of sex education imparted at the school level and the positive influence that it has on young children. 

The prosecution case was that the convict had been hired by the boy's father as domestic help in their rented house.

Seeing the child standing alone at the verandah, Vijayakumar molested him, causing pain to the 9-year-old. However, noticing the house owner coming over, Vijayakumar released the boy and summoned him to the backyard. 

The boy ran inside and narrated the ordeal to his mother, who did not believe him first but was persuaded upon the boy demonstrating precisely what occurred. 

According to the child's deposition, after informing his parents, he insisted that a complaint should be made against Vijayakumar's actions immediately.  

This version was corroborated by the parents' statements, and it was confirmed that a complaint was lodged with the police almost immediately. 

The prosecution successfully established that the child was a minor and that provisions of POCSO would apply in this case, and convinced the Court that this was a matter of aggravated sexual assault. As such, Vijayakumar was found guilty of offences under Section 9(m) r/w 10 of the POCSO Act.

Although there was an allegation to the tune that the convict had attempted to commit carnal intercourse on the child, this argument was discarded by the Court for want of evidence.  

The Court ordered the government to provide the fine obtained from the convict as compensation to the boy as u/s 357(1)(b) of the Criminal Procedure Code.

The accused was, however, made entitled to set off for the period from 27/11/2020 till date against the substantive sentence. 

Click Here To Read/Download The Judgment