Women Can Also Be Tried For 'Penetrative Sexual Assault' On Child: High Court
NDTV
The Delhi High Court said the Protection of Children from Sexual Offences (POCSO) Act was enacted to protect children from sexual assaults regardless of whether they were committed by a child, a man, or a woman.
A female can also face criminal proceedings under POCSO for committing the offence of "penetrative sexual assault" on a child, and the offence is not restricted to only male offenders, the Delhi High Court has held.
Justice Anup Jairam Bhambhani said the Protection of Children from Sexual Offences (POCSO) Act was enacted to protect children from sexual offences, "regardless of whether an offence is committed upon a child by a man or a woman". There was no reason why the word "person" appearing in section 3 (penetrative sexual assault) should be read as referring only to a "male", he added.
The court's decision was delivered last week on a plea by an accused in a POCSO case, who argued that since she was a woman, the offences of "penetrative sexual assault" and "aggravated penetrative sexual assault" can simply not be made out against her.
