Karnataka High Court refuses to quash FIR against a woman accused of sexually assaulting a minor boy, reaffirming that the POCSO Act is gender neutral and applies to all offenders.
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BENGALURU: The Karnataka High Court on August 18, 2025, delivered a ruling in a case involving allegations of penetrative sexual assault on a minor boy, highlighting the gender-neutral application of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Background of the Case
A 52-year-old woman approached the High Court seeking to quash criminal proceedings registered against her under the POCSO Act. The complaint was filed by the parents of a 13-year-old boy, alleging that the petitioner had sexually assaulted their child in May 2020. The FIR was lodged four years later, in June 2024, after which police registered the case and filed a charge sheet.
The case attracted attention due to its uncommon facts, a woman accused of committing penetrative sexual assault on a minor boy, raising questions about gender roles in the context of sexual offences.
Court’s Observations
Justice M. Nagaprasanna made several crucial observations while dismissing the plea,
- POCSO is Gender-Neutral:
The Court emphasized that the POCSO Act is designed to protect children irrespective of gender. While certain sections occasionally use gendered pronouns, the preamble, purpose, and spirit of the Act are inclusive. Sections 4 and 6, which prescribe punishments for penetrative and aggravated penetrative sexual assault, apply equally to men and women offenders.
“The submission that a woman is only a passive participant and the man is an active participant is to be emphatically rejected. The thought itself is archaic,”
Justice Nagaprasanna remarked.
- Delay in Filing Cannot Nullify Allegations:
The petitioner argued that the case was untenable due to the four-year delay in filing the FIR. The Court clarified that a delay alone cannot be a ground for quashing charges, especially when the victim is a minor.
- Rejection of Stereotypical Arguments:
The defense claimed that it was psychologically impossible for a woman to commit such an act and raised the issue of no potency test being conducted. The Court firmly rejected these contentions, stating that modern jurisprudence does not allow stereotypes to influence legal scrutiny.
- Financial Disputes Not a Justification:
While the defense contended that the allegations were fabricated due to financial disputes, the Court held that monetary disagreements cannot undermine the gravity of sexual assault allegations involving a child.
In-Camera Proceedings
Recognizing the sensitive nature of the allegations, the High Court had ordered in-camera proceedings, protecting the identity and privacy of the minor victim.
After carefully considering all arguments, the Karnataka High Court dismissed the woman’s plea, holding that the allegations prima facie satisfied the ingredients of Sections 4 and 6 of the POCSO Act. Justice Nagaprasanna concluded:
“Therefore, none of the submissions made by the senior counsel merit acceptance, and thus, finding no merit, the petition stands dismissed.”
Appearance:
Petitioner’s Counsel: Senior Advocate Hashmath Pasha (for Advocate Mohammed Mubarak)
State Counsel: ASPP B.N. Jagadeesha
Case Title:
SMT. ARCHANA PATIL VERSUS STATE OF KARNATAKA & OTHERS
CRL.P 12777/2024
READ ORDER HERE
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