In a landmark judgment, the Karnataka High Court clarified that the Protection of Children from Sexual Offences (POCSO) Act is gender-neutral, allowing prosecution even when the accused is a woman. The ruling came in response to a petition seeking to quash charges against a 48-year-old woman accused of sexually assaulting a 13-year-old boy.
Key Arguments and Court’s Findings
The petitioner argued that Sections 4 and 6 of the POCSO Act-which deal with penetrative and aggravated penetrative sexual assault-could not apply to women. The defense claimed that since the provisions use the pronoun "he," they exclude female perpetrators. However, the court rejected this argument, citing Section 8 of the Indian Penal Code, which states that "he" includes all genders.
"The Act is designed to protect all children, irrespective of gender. Its provisions are inclusive, not restrictive," the court observed.
The prosecution presented evidence, including the victim’s statement, detailing how the accused allegedly coerced the boy into sexual acts. Despite claims of delay in filing the complaint-four years after the incident-the court noted that trauma often delays reporting in such cases.
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Delay and Potency Test Arguments Dismissed
The defense also questioned the absence of a potency test to determine if the boy was physically capable of penetration. The court dismissed this, referencing a Madras High Court ruling that such tests are unnecessary unless the accused raises impotency as a defense.
"Psychological trauma does not preclude physiological responses. Erection and ejaculation can occur involuntarily under duress," the court stated, citing research on male sexual assault victims.
The court upheld the charges, emphasizing that the POCSO Act’s purpose is to safeguard children, regardless of the perpetrator’s gender. The ruling reinforces that legal protections extend equally to boys and girls, ensuring justice for all minor victims of sexual abuse.
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The observations were made solely for evaluating the petition under Section 482 of the CrPC and will not influence the ongoing trial.
Case Title: [Case Name] v. State of Karnataka & Anr.
Case No.: Criminal Petition No. 12777 of 2024
