New Delhi, August 9: The Delhi High Court has ruled that sexual harassment under the POCSO Act is not restricted by gender. The court clarified that the law can apply to both men and women.
Court Upholds Charges Against Woman
Justice Anup Jairam Bhambhani stated that the term “he” in Section 3 of the POCSO Act is not gender-specific. He emphasized that the Act applies to any offender, regardless of gender, as long as the offense involves a child. Justice Bhambhani upheld the lower court’s decision to frame charges against a woman under Section 6 (aggravated sexual assault) of the POCSO Act and dismissed her appeal.
Delay in FIR Filing Not Grounds for Dismissal
Despite the delay in filing the FIR, Justice Bhambhani rejected the woman’s argument for dismissal. He noted that while the doctor’s opinion and the child’s statement suggested no intent of sexual assault, these matters would be resolved during the trial. The judge found that prima facie, the charge of ‘aggravated sexual assault’ was valid and required prosecution.
Scope of POCSO Provisions
The court highlighted that the POCSO provisions cover various forms of penetrative sexual assault, not limited to penile penetration. The judge asserted that the scope of the Act includes actions such as inserting objects or body parts into a child’s body, making it illogical to limit the crime to only certain types of penetration.
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