The Karnataka High Court has refused to quash an FIR against a 52-year-old woman, stating that the POCSO Act is gender neutral and complaints under the sections of the Act that involve penetrative sexual assault can be cited against both men and women.
The lawyer of the accused woman tried to argue that the alleged offence took place in 2020, and the family of the minor boy only filed the complaint in 2024, 4 years later, to settle some financial scores. However, the High Court asserted that the delay in registration of the complaint is not a ground to quash the FIR.
“The delay in the registration of crime cannot become a reason for quashment of proceedings owing to the alleged offence and age of the victim”, the single judge bench of Justice M Nagaprasanna stated.
The judge also rejected the petitioner’s argument that in cases of penetrative sexual assault, only a man can be an active participant and a woman can only be a passive participant.
The accused woman in this case was a neighbour of the victim boy.
