POCSO Applies to Both Genders: Karnataka HC Upholds FIR Against Woman
Bengaluru, Karnataka: The Karnataka High Court on Monday refused a woman’s petition seeking to quash a sexual assault complaint registered by the parents of a minor boy against her under the POCSO Act.
Hearing the case, Justice M Nagaprasanna noted that the provisions of the Act apply to both men and women and thus the act is gender-neutral. The woman, a 52-year-old woman, submitted that the alleged offense took place in 2020 but the complaint under Sections 4 (Punishment for penetrative sexual assault) and 6 (Punishment for aggravated penetrative sexual assault) of the POCSO Act is lodged after four years, Live Law reported.
However, the court stated that the delay in the registration of crime cannot become a reason for quashing of proceedings given the alleged offence and age of the victim.
Senior Advocate Hashmath Pasha, appearing for the petitioner, claimed that the complainant had set up the case to avoid repayment as both parties had some financial transaction between them. The complainant had leveled the allegation against the petitioner woman that she allegedly committed the offense on a 13-year-old school-going boy, who was an earlier neighbor of the petitioner.
While delivering the verdict, the judge stated that the POSCO Act, being a progressive enactment, is intended to safeguard guard the sanctity of childhood. It is rooted in gender neutrality with its beneficent object being the protection of children, irrespective of sex.
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He further pointed out that Sections 3 and 5 (POCSO Act), which form the foundation of offenses under sections 4 and 6 of the Act, delineate various forms of assault, although certain provisions may employ gendered pronouns in the preamble and the purpose of the act renders such usage inclusive. Therefore, it is inclusive of both males and females.
“The ingredients of Section 4 of the Act dealing with penetrative sexual assault are equally applicable to both men and women. “The language of the provision clearly indicates inclusivity. The ingredients of offenses once punishable under sections 4 and 6 are clearly met in the case at hand, albeit prima facie,” the court said.
