In a significant ruling, the Rajasthan High Court has elucidated the application of the presumption of sexual intent under the Protection of Children from Sexual Offences (POCSO) Act, particularly concerning the act of showing adult videos to a minor. The case involved a revision petition challenging charges framed under the POCSO Act, where the petitioner was accused of sexual harassment for allegedly showing pornographic content to a child.
The central issue revolved around whether the act of displaying adult videos to a minor, in the absence of physical contact or overt coercion, constituted sexual harassment under Section 11(iii) of the POCSO Act. The defense contended that without explicit evidence of coercion or exploitation, the act should not be deemed criminal. However, the prosecution argued that the mere act of exposing a child to pornographic material inherently implied sexual intent, thereby fulfilling the criteria for sexual harassment under the Act.
Justice Manoj Kumar Garg, presiding over the case, emphasized the legislative intent behind the POCSO Act, which aims to provide a robust legal framework for the protection of children from sexual offences. The court highlighted that Section 30 of the Act mandates a presumption of sexual intent once the prosecution establishes the commission of an act constituting sexual harassment. This presumption shifts the burden of proof to the accused, who must then demonstrate the absence of sexual intent beyond a reasonable doubt.
In the present case, the court noted that the victim had alleged that the petitioner showed her adult videos, an act that falls squarely within the ambit of Section 11(iii) of the POCSO Act. Given the statutory presumption under Section 30, the court held that the act itself sufficed to presume sexual intent, unless convincingly rebutted by the defense. The petitioner failed to provide adequate evidence to negate this presumption, leading the court to uphold the charge of sexual harassment.
Furthermore, the court addressed the charge of stalking under the Indian Penal Code, which was also part of the case. Upon examination, the court found insufficient evidence to support the stalking allegation and consequently dropped this charge against the petitioner.
This judgment underscores the stringent provisions of the POCSO Act, particularly the statutory presumption of sexual intent in cases of sexual harassment involving minors. It reinforces the Act's objective to safeguard children from sexual exploitation and affirms that exposing minors to pornographic material constitutes a serious offence, warranting legal consequences. The ruling serves as a precedent, clarifying that the absence of physical contact does not absolve an accused from liability under the POCSO Act when the act in question inherently implies sexual intent.
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