Whether accused can be prosecuted under POCSO Act for his Facebook post?

Yet another contention advanced by learned counsel

is that, the incident took place before the introduction of the

Act. The POCSO Act came into force in the year 2012 and the

issue with respect to molestation took place much prior to

that. The incident under the consideration of the Commission

was not the issue of molestation. The issue was with respect

to the publication of the details of the victim child through face

book post, which took place on 23.05.2016 when the post was

uploaded in the face book. Therefore, in order to attract an

offence under Sec.23, the incident allegedly took place in

respect of the molestation of the child is not at all relevant.

The relevance of Sec.23 is in respect of the face book post,

which, even according to the petitioner, is after the

introduction of the Act. Therefore, there is no substance or

foundation for the contention advanced by the learned counsel

accordingly.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                             PRESENT:

                        MR. JUSTICE SHAJI P.CHALY

                         11TH DAY OF NOVEMBER 2016

                           WP(C).No. 31378 of 2016 (V)
                           

                     SUDHEESH KUMAR.S.R.,
             

V

            STATE OF KERALA,
 Citation: 2017 CRLJ 443 kerala,2017 ALLMR (CRI)JOURNAL113

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