Clinical examination of child with parent's consent won't attract offences under Pocso Act, rules Kerala HC
Pocso Act
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Justice G Gireesh issued the order while allowing a petition filed by the doctor to quash the case and further proceedings pending before the fast track special court (Pocso Act), Kozhikode.
The allegation was that the petitioner had sexually assaulted a Class X student on two occasions during medical examinations conducted in the presence of her family members. The girl stated that on April 11, 2023, she visited the clinic with her mother for treatment of chest and abdominal pain, during which the doctor allegedly touched her inappropriately.
A similar incident was said to have occurred on April 17, 2024, when she was accompanied by her elder sister.
The sister noticed the victim shivering and later confronted the doctor, which led to the police complaint.
However, upon examining the records, the court noted that neither the mother nor the sister alleged that the medical examination was conducted out of their view. It further observed that it is difficult to believe the petitioner would have acted inappropriately in the close presence of the victim's family members.
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While the victim may have perceived the touch as a 'bad touch', the court held that it would be unsafe to rely on an isolated and possibly misunderstood remark to infer sexual intent.
The court also cited Section 41 of the Pocso Act, which explicitly states that the provisions relating to child sexual offences (Sections 3 to 13) do not apply to medical examinations or treatment carried out with the consent of the child's parent or guardian. Accordingly, the court quashed the case and the further court proceedings against the doctor.
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