Overview

• Justice M. Nagaprasanna refused to quash proceedings against a woman accused of sexually assaulting a 13-year-old boy, finding sufficient prima facie material to proceed.
• The court held that POCSO’s provisions on penetrative sexual assault under Sections 4 and 6 apply to offenders of any gender, relying on IPC definitions and the statute’s purpose.
• Arguments citing a four-year delay in complaint, the absence of a potency test, and claims that psychological shock would prevent erection were rejected at the quashing stage.
• The judgment dismissed the notion that women can only be passive participants in sexual acts and emphasized that legal scrutiny cannot be guided by stereotypes.
• Police say the alleged assaults occurred in Bengaluru in 2020, the boy disclosed the incidents to a therapist in 2024, a complaint was filed at HAL police station, and the case now returns to the trial court.