Accused can be regardless of any gender under the POCSO Act: Kerala HC refused to quash FIR against the minor

It has been observed by the Kerala HC that regardless of gender any person can be an accused under the POCSO Act.

It refused to quash the proceedings that were pending in the act against the minor. However, it was clarified by the bench of Justice Ajith Kumar that since it is a case of minors, they will be tried only in the juvenile justice act and not in the ordinary criminal court.

The petitioner, who is 13 years old, is accused of offenses under Sections 342 and 377 of the IPC Section 3(c) read with Section 4, and Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act.

It was submitted by the counsel of the petitioner that the petitioner cannot be prosecuted under the IPC as well as the POCSO act as the petitioner is a minor. Therefore, a plea was filed for the quashing of the investigation.

The court held that it does not prescribe at any point that the child in conflict with the law must be prosecuted against in the POCSO Act.

Case Title:-  Suhaib @ Kullappi Kakka v. State of Kerala and ors

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)