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Karnataka HC rejects plea to quash rape case against woman
Justice M Nagaprasanna refused to quash the ongoing proceedings in the case against the woman and said that the provisions of the POCSO Act apply to both men and women, making it gender-neutral
Bengaluru: The Karnataka high court on Monday dismissed a petition filed by a 52-year-old woman seeking to quash a sexual assault complaint filed against her under the Protection of Children from Sexual Offences (POCSO) Act, by the parents of a minor boy.
Justice M Nagaprasanna refused to quash the ongoing proceedings in the case against the woman and said that the provisions of the POCSO Act apply to both men and women, making it gender-neutral.
“The POCSO Act, being a progressive enactment, is intended to safeguard the sanctity of childhood. It is rooted in gender neutrality, with its beneficent object being the protection of children, irrespective of sex,” the court said.
The court further said that offences of penetrative sexual assault under Sections 4 and 6 of the POCSO Act that deal with penetrative sexual assault, can be alleged against women. Justice Nagaprasanna held that while Sections 3 and 5 of the POCSO Act use gendered pronouns, the preamble and purpose of the law make it inclusive, covering offences by “both men and women.”
The judge said that the ingredients of penetrative sexual assault under Sections 4 and 6 of the Act, apply equally regardless of the offender’s gender. In the present case, the court said it found that the prima facie ingredients of the offences were met, and therefore the accused woman must face trial.
The case arose from a complaint filed by the mother of a 13-year-old boy, alleging that the accused woman, who was close to the family, had sexually abused her son in 2020 while they were living in the same residential community in Bengaluru. The victim’s family later moved to Dubai, and the boy disclosed the incidents only after several years, following which a complaint was lodged in 2024. The Bengaluru police investigated and filed a charge sheet, leading to the present proceedings.
Senior counsel Hasmath Pasha, who appeared for the accused woman, argued that Sections 4 and 6 of the POCSO Act cannot be applied against a woman since, rape, by definition, can only be committed by a man upon a woman.
The victim’s counsel, advocate GV Ashok, argued that published data showed sexual abuse of minors was actually reported more among boys than girls, though abuse against boys often went unreported. He also submitted that the victim’s statements before the police as well as a certified therapist described the assault in detail, and the police investigation and charge sheet supported these claims.
The court too noted that it was a “matter of public record” that a majority of minors reporting sexual assault, included boys.
“It is a matter of public record as supported by empirical data” that 54.4% of children reporting sexual assault are boys while 45.6% are girls. This statistical reality underscores a critical truth that sexual violence is not confined to one gender,” the court said.
It also said that it found “sufficient material” in the victim’s detailed statement and the chargesheet for the accused woman to face a trial in the case.
“The jurisprudence of the present times embraces the livid realities of victims and does not allow stereotypes to cloud legal scrutiny,” Justice Nagaprasanna said, while rejecting the woman’s plea.
