Karnataka HC To Consider Whether POCSO Act Is Gender Neutral Or Not, Stays Proceedings Against Woman Accused Of Sexually Assaulting Minor

While staying further proceedings in a POCSO Act case registered against a 52-year-old woman on a complaint by the parents of a minor boy, the Karnataka High Court on Wednesday (November 27) orally said that considering the case was against a woman it would have to lay down whether the law is gender neutral or not.

The court further orally expressed its "shock", adding that it had come across such a case for the first time.

A single judge bench of Justice M Nagaprasanna granted the interim relief of stay on further proceedings against the petitioner woman and posted the matter for further hearing on December 6. The court also directed the prosecution to file its reply in the petition.

Senior Advocate Hashmath Pasha appearing for the petitioner Archana Patil submitted that 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. The alleged offence took place in 2020 and FIR was filed in this year.

During the hearing the bench orally said “POCSO case against a lady, this is the first time I have come across such a case. This is shocking.” It added, “This is a very very important case where the POCSO Act is gender neutral or not we will have to lay down”.

Pasha contended that charges of aggravated sexual assault are levelled against the petitioner for allegedly committing the offence on a 13-year-old school going boy, who was earlier neighbour of the petitioner. There was some financial transaction between the parties and to avoid the repayment they (complainant) have set up this case.

The bench in its interim order said, “The case projects a strange circumstance. The petitioner is alleged of the ingredients of Section 4 and 6 of Act against a 13-year-old boy. The petitioner is a lady of 52-years. The incident is said to have happened on May 1, 2020. The complainant is registered on June 26, 2024 after four years. The ld senior counsel would submit that there are a plethora of financial transactions between the parties. Using the child of 13-years of an alleged incident of the 2020 of the petitioner indulging in penetrative sexual assault against a boy, the crime is sought to be registered and police have filed chargesheet”.

It then passed the interim order.

Counsel for Petititoner: Senior Advocate Hashmath Pasha

Counsel for State: ASPP B N Jagadeesha

Case No: CRL.P 12777/2024