View of the Karnataka High Court Photo Credit: File Photos
A statement that a crime of penestive sexual assault can also be claimed against a woman under the protection of children from sexual offenses (POCSO) by the 2012 law, because this law is gender -neutral, the High Court in Kharnation refused to cancel the criminal case against a 52 -year -old woman.
Two cases of sexual attacks allegedly took place between May and June 2020, when the accused woman of Archana, an artist around 48 and a boy who was about 13 years and 10 months old.
The defendant, who was a boy’s neighbor, came into contact with him through his mother, who initially sent him to the accused’s house to help her publish her images on her Instagram account after the accused.
The therapist
A boy who was psychologically desperate did not immediately publish alleged actions to his parents, who later decided to settle in Dubai and in August 2020 they moved there and his younger sister.
He published alleged actions only in 2024 and told details to the therapist in Dubai and then a complaint at the Hal Police Station was filed in June 2024.
The boy was around 17 years old when his statement was recorded by a judge and an officer of children’s protection. It was claimed that the accused woman convinced the boy not to publish actions with anyone and stated that they both had trouble. The accused female husband and daughter are said to live abroad.
Against a woman too
The rejection of the argument on behalf of the accused that the crime of deteriorated sexual attacks or rape cannot be triggered against a woman, the court pointed out that sections 4 and 6 of the law clear that anyone who “forces a minor child to penetrate or other sexual actions”.
Although the pronoun “he” and his derivatives were not defined under the law of POCSO, who only states that a child is any person under 18 years of age, Judge M. Nagaprasann, who relies on the definitions in the Indian Criminal Code (IPC), whether in the Indian Criminal Code (IPC), The pronoun “he” and his derivatives in the Pocso in Pocso must also be used, “from any man or female.”
“The language of the provision clearly indicates inclusivity,” the court noted.
The accused was claimed that the boy could not have an erection if he was shocked when the accused allegedly made sexual progress. However, the court stated and quoted the study: “The state of shock is a psychological concept. Erection is a purely physiological or biological concept. Psychological concepts would sometimes not control physiological and biological acts.”
No stereotypes
To give in sexual intercourse the woman is only a passive participant and the man is an active participant, the court pointed out that “this idea itself is archaic”. It is reported that jurisprudence at present “does not allow stereotypes to obscure legal control”.
A delay of four years when registering a complaint and a non -nation test of a boy as a boy’s test cannot become a reason to cancel the case for alleged crime and the age of the boy’s victim, the court said.
Published – August 18, 2025 21:50
