Karnataka High Court
Smt. Archana Patil vs State Of Karnataka on 18 August, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
1
Reserved on : 01.07.2025 R
Pronounced on : 18.08.2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.12777 OF 2024
BETWEEN:
SMT. ARCHANA PATIL
W/O MR.SUBHIR GORGONHA
AGED ABOUT 52 YEARS,
R/AT NO.127, ORCHID LINE
ADARSH VISTA
BASAVANAGARA
BENGALURU - 560 037.
... PETITIONER
(BY SRI HASHMATH PASHA, SR.ADVOCATE A/W
SRI KARIAPPA N.A., ADVOCATE)
AND:
1. STATE OF KARNATAKA
HAL POLICE STATION,
BENGALURU CITY - 560 008.
(REPRESENTED BY
LEARNED STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
2
BENGALURU - 560 001)
2. SMT. DIVYA NEDIYEDATH BIPIN
W/O BIPIN THERAT SETHUMADHAVAN
AGED ABOUT 44 YEARS
R/AT NO.9/10
KAVERI STREET
NEW RAMAIAH REDDY LAYOUT,
BASAVANAGAR
BENGALURU - 560 037.
... RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SRI ASHOK G.V., ADVOCATE A/W
SMT.MONIKA H.B., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., (UNDER SECTION 528 OF BHARATIYA NAGARIK
SURAKSHA SANHITA) PRAYING TO A. QUASH THE FIR
REGISTERED IN CRIME NO.533/2024 OF HAL POLICE STATION,
BENGALURU FOR THE OFFENCES P/U/S 4, 6 OF POCSO ACT
PENDING IN FAST TRACK COURT-I, CITY COURT COMPLEX
BENGALURU AS AN ABUSE OF PROCESS OF LAW AS PER
ANNEXURE 'A'; B. QUASH THE CHARGE SHEET FILED IN
SPL.C.C.NO.2050/2024 ON THE FILE OF THE HON'BLE ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY FTSC-I
WHICH IS ARISING OUT OF FIR CRIME NO.533/2024 OF HAL
POLICE STATION AS PER ANNEXURE-' C ' AS AN ABUSE OF
PROCESS OF LAW AND ETC.,
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THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 01.07.2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioner, the sole accused, now seeks sanctuary
before this Court invoking its extraordinary jurisdiction under
Section 482 of the Cr.P.C. challenging the legality of proceedings
initiated in Spl.C.C.No.2050 of 2024 pending before the Additional
City Civil and Sessions Judge, Bangalore City (FTSC-1) arising out
of crime in Crime No.533 of 2024, a case which bears grave imprint
of offences alleged under Sections 4 and 6 of the Protection of
Children from Sexual Offences Act, 2012 ('Act' for short).
2. The brief tapestry of facts, interwoven, are as
follows:-
2.1. The 2nd respondent is the complainant. It is the case of
the prosecution that the 2nd respondent with her husband one Bipin
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Therat Sethumadhavan and two children - Master Xxxxx aged
about 13 years and Miss. Bhadra Priya, aged about 10 years were
residing in a rented villa, Villa No.132 of Adharsh Vista, a
community living at Doddanekundi, Bangalore since 2020. The
Adharsh vista community living consisted of 200 villas. The
petitioner is a resident at Villa No.127, residing at the said place
since 22 years. The complainant and the family come to reside at
the neighbouring villa. The bond of neighbourly warmth
blossomed between the complainant's family and the
petitioner, who was reputedly an accomplished Artist,
offering Art lessons to the children of the community. The
children drawn by the lure of colors and creativity,
frequently visited the house of the complainant, so did the
victim. The victim is then said to have developed an affinity
that deepened into frequent exchanges of messages and
numerous visits.
2.2. The 2nd respondent/complainant and the family is said to
have decided to settle down in Dubai. Therefore, they vacated the
Villa on 22-08-2020 and went Dubai. The son was admitted to a
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school in Dubai and they continued to stay in Dubai for a period of
4 years. After the examination of the son, they returned back to
India and gone to Cochin and after visiting Cochin come to
Bangalore; straight drove to the jurisdictional police station where
the complainant registered a complaint of sexual abuse of the
petitioner upon her son (hereinafter referred to as the 'victim'). The
crux of the complaint was that, the victim boy throughout the 4
years in Dubai was not active and had psychological changes in
him. When the mother confronted the son, the victim boy is said to
have confessed that the petitioner had called him to her house for
four or five months on a continuous basis, between February and
June 2020 and the conversation initially began and led to
downloading some art pictures on Instagram and the petitioner had
then taken him to her bedroom, unrobed herself and also the victim
and asked the boy to commit the act of intercourse on her and after
that is said to have sent him threatening, that if he would reveal
anything to anybody, it would be dangerous to both of them. This is
the beginning of the activity.
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2.3. Thereafter, on 17-05-2020 on another occasion, a girl by
name Shreya had come to the house of the petitioner and,
therefore, the victim boy also goes there and on that day after
sending the girl Sherya out, the victim boy was again subjected to
sexual abuse by the petitioner. The complaint then becomes a
crime in crime No.533 of 2024 for offences punishable under
Sections 4 and 6 of the Act. The Police then conduct investigation
and file a charge sheet against the petitioner for the afore-quoted
offences. The concerned Court, in terms of its order dated 29-10-
2024 takes cognizance of the offence and issues summons to the
petitioner. It is then the petitioner immediately knocks at the doors
of this Court in the subject petition.
2.4. Prima facie, due to certain delay in registration of crime,
this Court had granted an interim order of stay of further trial
against the petitioner which is still in subsistence. The matter was
heard and reserved for its judgment on 12-06-2025. The learned
senior counsel for the petitioner moves the matter thereafter on the
score that some more submissions have to be made in the light of
importance that the case projected, as it is one of its kind that has
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ever come up for interpretation before the Court. In the light of
these submissions, to have further enlightenment in the matter and
also to afford opportunity to make submissions on left
over/additional events, the matter was again posted for further
hearing in the light of the nature of offence and the protagonists in
the episode of crime. Therefore, on 01-07-2025 the matter was
heard at length all over again.
3. Heard Sri Hashmath Pasha, learned senior counsel
appearing for the petitioner, Sri B.N. Jagadeesha, learned Additional
State Public Prosecutor for respondent No.1 and Sri G.V. Ashok,
learned counsel appearing for respondent No.2.
SUBMISSIONS:
PETITIONER:
4. The learned senior counsel Sri Hashmath Pasha would
vehemently contend that, if there was any substance in the
allegation it ought to have been reported immediately. In the
month of June, 2020, the family shifted to Dubai, come back from
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Dubai after 4 years and then said to have visited Cochin and
ostensibly taking advice from an Advocate, registered the crime in
the jurisdictional police at Bangalore. He would contend that the
allegations against the petitioner are highly improbable and such
improbability would lead to quashment of proceedings. The
petitioner, at the relevant point in time was 48 years old, and the
boy was about 13 years and 10 months. It cannot be said that the
victim boy and the accused having such a wide age gap, the
petitioner would indulge in sex with the victim boy, that too forcible
sex. He would contend that there is no material to demonstrate,
even prima facie, that the boy had suffered psychological imbalance
due to the act of the petitioner and that psychological imbalance
took 4 years to blossom into the complaint. He would contend that
there is nothing in the complaint nor in the charge sheet that would
lead to conviction of the accused. In cases where conviction is
absolutely bleak, this Court must exercise its jurisdiction under
Section 482 of the Cr.P.C., and quash the proceedings.
4.1. The learned senior counsel for the petitioner further
contends that Sections 4 and 6 of the Act, that is alleged now,
9
cannot be alleged against a woman. Amplifying the said submission,
the learned senior counsel urged that a rape can be committed by a
man/boy on a woman and a woman cannot rape a man. A woman
cannot make a man to commit intercourse on her, unless the man
determines to commit intercourse, which would mean that the
offence can only be committed against a woman and not by a
woman against a man, although she may be guilty of an indecent
assault. In an intercourse, the male is an active agent and the
woman is a passive agent. For an intercourse, erection is a must
which will depend upon his potency. No potency test is conducted in
the case at hand, as the boy on the date of the incident was 13
years and 8 months; whether he had attained puberty or not is only
subject to examination. The complaint narrates that the boy was in
a state of shock when the accused touched him and kissed him. In
such state of shock, the erection is impossible and if that be so,
sexual intercourse is also impossible. Such act is difficult to be
performed against will of a person. Mental ability, intention to
commit a sexual act would be only when he is mentally, physically
and emotionally active.
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4.2. Sections 4 and 6 of the Act define penetrative sexual
assault. Both the sections and also ingredients refer to the word
"he". Therefore, the sections would apply only when a man
penetrates his penis into the vagina and not the other way round,
as woman cannot do such act. The provision does not attract
woman at all. Even under Section 375 of the IPC, the definition is 'a
man is said to commit rape'. Though Section 3 starts with a person,
the definition further indicates to his male organs. Therefore, if
Sections 4 and 6 revolve round on the word 'he', a woman cannot
become an accused under the Act. On all these submissions, the
learned senior counsel would contend that, if Sections 4 and 6 of
the Act are not applicable to a woman, permitting further
proceedings only for an eventuality of acquittal should not be the
course of action, but obliteration would be the appropriate course of
action.
DE-FACTO COMPLAINANT:
5. Per contra, the learned counsel Sri G.V. Ashok appearing
for 2nd respondent/complainant would vehemently refute each of
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the contentions of the learned counsel for the petitioner. He would
contend that merely because the lady at that time was 48 years old
and the victim boy close to 14 years does not mean that there can
be no offence at all. He would submit that the data available in
public domain depicts sexual abuse of minors - girls being at 47%
and sexual abuse against minor boys is at 53%. It is more in boys,
but the offences go unreported most of the time if it is against
boys. The complaint narrated vivid details and the statement of the
victim boy is again in vivid details in regard to what the accused
has done with the victim. The Police after investigation and
collection of statements have filed a final report, the charge sheet.
He would contend, the Act raises a presumption against the
accused. It is in fact a reverse presumption where the accused will
have to prove innocence and not the prosecution proving the
accused as guilty. In such circumstances, he would submit that
opportunity should be given to the victim or the prosecution to
prove its case. The interim order has stopped such process and if
the proceedings are quashed, the truth gets buried and there would
be no justice to the victim.
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5.1. Further, the learned counsel would submit that Section 3
refers to a person as its foundation. A person can include a man
and a woman. The word 'he' referred to in the provision is not
defined under the Act. Therefore, the definition will have to be
derived from Section 8 of the IPC which defines gender. 'He' and its
derivatives are used as any person whether male or female.
Therefore, even if the word 'he' is used in the provisions of the Act,
the same refers to male as well as to female/accused. He would
submit that the High Court of Delhi holds that the intention of the
legislature in enacting the Act is to protect all children from sexual
offences, regardless whether such victim is a male or a female. He
would however admit that the case before the High Court of Delhi
involved a minor girl and a major woman. Therefore, there were
two protagonists of the same gender. He places reliance upon
several studies conducted on sexual differences in childhood and
sexual abuse, to contend that woman can be an accused under the
Act.
5.2. Insofar as delay in filing the complaint, he would again
place reliance on certain studies as to how the boy would be
13
psychologically affected when such things come about and later
generates courage. He places reliance upon the judgment of the
High Court of Bombay in the case of BHIKU TUKARAM JADHAV v.
THE STATE OF MAHARASHTRA reported in 2011 SCC OnLine
Bom.1715 to buttress his submission on delay occasioned due to
trauma. He would elaborate the interpretation of Sections 4 and 6
of the Act to contend that they begin with a man penetrating and
ends the other way round. Therefore, the other way round would
clearly be applicable to a woman. He would place reliance upon
certain articles of male victims of sexual assault. The allegation of
financial dispute between the two has no foundation anywhere. He
would contend that it is a matter of trial for the accused to come
out clean and if this case could not be tried, he wondered which
other case can be. He would, in effect, seeks dismissal of the
petition.
STATE:
6. The learned Additional State Public Prosecutor
Sri B. N. Jagadeesha appearing for 1st respondent/State would
amplify the submissions made by the learned counsel for the 2nd
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respondent/complainant in taking this Court through the statements
made under Section 164 of the Cr.P.C. before the learned
Magistrate and statements recorded before the Child Protection
Officer, which are in clear corroboration with the complaint resulting
in a charge sheet. He would submit that the petition be dismissed,
as the accused should come out clean in a full-blown trial.
REJOINDER OF THE PETITIONER:
7. The learned senior counsel would now join issue in
contending that if the accused were to be a victim girl and a boy of
20 or 25 years, it would have been altogether different
circumstance. He would emphasise this Court to look at the age gap
between the accused and the boy and whether the boy would
indulge in such acts. He would further allege that the boy was a
social animal and had affairs with several girls and therefore,
contends that it cannot be that the boy becomes a victim of
provisions of the Act at the hands of an aged lady, the petitioner.
In all, he would seek quashment of proceedings.
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8. I have given my anxious consideration to the submissions
made by the respective learned counsel and have perused the
material on record. In furtherance whereof, the following issues
arise for consideration:
ISSUES FOR CONSIDERATION:
(i) Whether Protection of Children from Sexual
Offences Act is gender neutral?
(ii) Can offences under Sections 4 and 6 of the Act be
alleged against a woman?
(iii) Whether the ingredients of Sections 4 and 6 of the
Act are met in the case at hand?
(iv) Whether delay in registration of the crime, has
vitiated the entire proceedings?
(v) Whether non-conduct of a potency test of the
victim has vitiated the entire proceedings?
CONSIDERATION OF ISSUES:
Issue No.1:
(i) Whether Protection of Children from Sexual
Offences Act is gender neutral?
9. The Act was not a mere statutory addition; it was a
resolute response to a growing crisis and unspeakable
16
horrors of sexual assault, harassment and pornographic
exploitation of children. In harmony with Articles 15 and 39
of the Constitution of India, the Act breathes life, into the
directive principles, to exhort the State to protect childhood
from degradation. It was India's solemn commitment to the
United Nation's convention on the rights of the child, their
protection from any form of sexual misconduct. The object
behind the promulgation is best noticed in its objects and reasons.
It reads as follows:
"Statement of Objects and Reasons. Article 15 of
the Constitution, inter alia, confers upon the State powers to
make special provision for children. Further, Article 39, inter
alia, provides that the State shall in particular direct its policy
towards securing that the tender age of children are not abused
and their childhood and youth are protected against exploitation
and they are given facilities to develop in a healthy manner and
in conditions of freedom and dignity.
2. The United Nations Convention on the Rights of
Children, ratified by India on 11th December, 1992, requires the
State Parties to undertake all appropriate national, bilateral and
multilateral measures to prevent (a) the inducement or coercion
of a child to engage in any unlawful sexual activity; (b) the
exploitative use of children in prostitution or other unlawful
sexual practices; and (c) the exploitative use of children in
pornographic performances and materials.
3. The data collected by the National Crime Records
Bureau shows that there has been increase in cases of sexual
offences against children. This is corroborated by the 'Study on
Child Abuse: India 2007' conducted by the Ministry of Women
and Child Development. Moreover, sexual offences against
17
children are not adequately addressed by the extant laws. A
large number such offences are neither specifically provided for
nor are they adequately penalised. The interests of the child,
both as a victim as well as a witness, need to be protected. It is
felt that offences against children need to be defined explicitly
and countered through commensurate penalties as an effective
deterrence.
4. It is, therefore, proposed to enact a self-
contained comprehensive legislation inter alia to provide
for protection of children from the offences of sexual
assault, sexual harassment and pornography with due
regard for safeguarding the interest and wellbeing of the
child at every stage of the judicial process, incorporating
child-friendly procedures for reporting, recording of
evidence, investigation and trial of offences and provision
for establishment of Special Court for speedy trial of such
offences.
5. The Bill would contribute to enforcement of the right of
all children to safety, security and protection from sexual abuse
and exploitation.
6. The notes on clauses explain in detail the various
provisions contained in the Bill.
7. The Bill seeks to achieve the above objectives."
(Emphasis supplied)
The aforesaid objects and reasons would clearly indicate that the
Act was promulgated to protect children from offences. Children
would include boys and girls who are minors i.e., below 18
years. The Act does not mandate protection,only for girls.
The children who are boys, and boys who are below 18
18
years, do have the same protection, as obtaining for girls
below 18 years. There was some ambiguity with regard to its
interpretation, qua both boys and girls, atleast in the objects and
reasons. Then comes the Amending Act of 2019, with clarificatory
objections and reasons. The objects and reasons for the amending
Act in 2019 read as follows:
"Statement of Objects and Reasons of Amendment
Act 25 of 2019. The Protection of Children from Sexual
Offences Act, 2012 (the said Act) has been enacted to protect
children from offences of sexual assault, sexual harassment and
pornography and provide for establishment of Special Courts for
trial of such offences and for matters connected therewith or
incidental thereto.
2. The said Act is gender neutral and regards the
best interests and welfare of the child as a matter of
paramount importance at every stage so as to ensure the
healthy physical, emotional, intellectual and social
development of the child.
3. However, in the recent past incidences of child
sexual abuse cases demonstrating the inhumane mind-
set of the abusers, who have been barbaric in their
approach towards young victims, is rising in the country.
Children are becoming easy prey because of their tender
age, physical vulnerabilities and inexperience of life and
society. The unequal balance of power leading to the
gruesome act may also detriment the mind of the child to
believe that might is right and reported studies establish
that children who have been victims of sexual violence in
their childhood become more abusive later in their life.
The report of the National Crime Records Bureau for the
year 2016 indicate increase in the number of cases
registered under the said Act from 44.7 per cent in 2013
19
over 2012 and 178.6 per cent in 2014 over 2013 and no
decline in the number of cases thereafter.
4. The Supreme Court, in the matter of Machhi
Singh v. State of Punjab [(1983) 3 SCC 470], held that when
the community feels that for the sake of self-preservation the
killer has to be killed, the community may well withdraw the
protection by sanctioning the death penalty. But the community
will not do so in every case. It may do so in rarest of rare cases
when its collective conscience is so shocked that it will expect
the holders of the judicial power centre to inflict death penalty
irrespective of their personal opinion as regards desirability or
otherwise of retaining death penalty. The same analogy has
been reiterated by the Supreme Court in the matter of Devender
Pal Singh v. State (NCT of Delhi), (2002) 5 SCC 234 wherein it
was held that when the collective conscience of the community
is so shocked, the court must award death sentence.
5. In the above backdrop, as there is a strong need
to take stringent measures to deter the rising trend of
child sex abuse in the country, the proposed amendments
to the said Act make provisions for enhancement of
punishments for various offences so as to deter the
perpetrators and ensure safety, security and dignified
childhood for a child. It also empowers the Central
Government to make rules for the manner of deleting or
destroying or reporting about pornographic material in
any form involving a child to the designated authority.
6. The Protection of Children from Sexual Offences
(Amendment) Bill, 2019, for the aforementioned purpose, which
was introduced and pending consideration and passing in the
Lok Sabha, lapsed on the dissolution of the Sixteenth Lok
Sabha. Hence, the present Bill.
7. The Bill seeks to achieve the above objectives."
(Emphasis supplied)
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THE DEFINITIONS:
10. The definition clause, in the Act, is necessary to be
noticed. Section 2 deals with definitions. Section 2(d) defines a
child. It reads as follows:
"2. Definitions.--(1) In this Act, unless the context
otherwise requires--
... ... ...
(d) "child" means any person below the age of
eighteen years;"
... ... ...
Sub-section (2) of Section 2 of the Act reads as follows:
"(2) The words and expressions used herein and
not defined but defined in the Indian Penal Code (45 of
1860)5, the Code of Criminal Procedure, 1973 (2 of 1974)6,
7
[the Juvenile Justice (Care and Protection of Children) Act,
2015 (2 of 2016)] and the Information Technology Act, 2000
(21 of 2000) shall have the meanings respectively assigned to
them in the said Codes or the Acts."
It further becomes apposite to refer to Section 8 of the IPC. It
reads as follows:
"8.Gender.--The pronoun "he" and its derivatives
are used of any person, whether male or female."
(Emphasis supplied)
21
Section 8 of the IPC deals with gender. It directs the pronoun
'he' and its derivatives are used of any person, whether male or
female. Child in terms of Section 2(d) is to mean, any person
below the age of 18 years. A person, cannot mean only a girl. A
person would mean, a person of both genders - 'simple, stark
and unambiguous'. The pronoun 'he' is not defined anywhere
in the Act. Section 2(2) therefore must fall back upon the
definition of that pronoun as it appears in Section 8 of the IPC.
The intention of the legislature is undoubtedly to provide
protection to children from sexual offences, which was
regardless whether the offence is committed upon a child, by a
man or a woman. Thus, the law, in both text and tenor,
extends its sheltering canopy to every child, unfettered by
gender, class or circumstance.
11. The inclusive spirit, found its judicial affirmation,
in the Delhi High Court, where a woman accused stood charged
under the Act. The High Court of Delhi held that the Act is not
gender biased in its application. The Delhi High Court in the case
22
of SUNDARI GAUTAM v. STATE OF NCT OF DELHI1, has held
as follows:
".... .... ....
17. To appreciate the position, it is necessary to notice
section 2(2) of the POCSO Act, which helps in interpreting the
other definitions. Section 2(2) reads thus:
2. Definitions.--(1) * * * * *
(2) The words and expressions used herein
and not defined but defined in the Penal Code,
1860 (45 of 1860), the Criminal Procedure Code, 1973 (2
of 1974), the Juvenile Justice (Care and Protection of
Children) Act, 2015 (2 of 2016) and the Information
Technology Act, 2000 (21 of 2000) shall have the
meanings respectively assigned to them in the said
Codes or the Acts.
(emphasis supplied)
18. The next important provision, which is required to be
read is section 8 of the IPC, which reads as follows:
8. Gender.-- The pronoun "he" and its derivatives
are used of any person, whether male or female.
.... .... ....
21. The object and purpose of enacting a special
legislation for protecting the rights of a child has been explained
by a 03-Judge Bench of the Supreme Court in Attorney General
for India v. Satish connected matters4 in the following words:
"33. So far as the object of enacting the POCSO Act
is concerned, as transpiring from the Statement of Objects
and Reasons, since the sexual offences against children
were not adequately addressed by the existing laws and a
large number of such offences were neither specifically
provided for nor were they adequately penalised, the
1
2024 SCC OnLine Del 5412
23
POCSO Act was enacted to protect the children from the
offences of sexual assault, sexual harassment and
pornography and to provide for establishment of Special
Courts for trial of such offences and for matters connected
therewith and incidental thereto. While enacting the said
Act, Article 15 of the Constitution which empowers the State
to make special provisions for children, and the Convention
on the Rights of the Child, adopted by the General Assembly
of the United Nations, as acceded to by the Government of
India, prescribing a set of standards to be followed by all
the State parties in securing the best interest of the child,
were also kept in view. The POCSO Bill intended to enforce
the rights of all children to safety, security and protection
from sexual abuse and exploitation, and also intended to
define explicitly the offences against children countered
through commensurate penalties as an effective
deterrence."
22. It is clear that the pronoun 'he' is not defined
anywhere in the POCSO Act. In view of the provision of
section 2(2) of the POCSO Act, one must fall back upon
the definition of that pronoun as it appears in section 8 of
the IPC. Giving due regard to the fact that the Legislature
enacted the POCSO Act in order to provide protection to
children from sexual offences - regardless of whether an
offence is committed upon a child by a man or a woman -
the court must not interpret any provision of the statute
that derogates from the legislative intent and purpose.
23. When viewed from this lens, the only rational
inference is that the pronoun 'he' appearing in section
3(a), 3(b), 3(c) and 3(d) must not be so interpreted as to
restrict the offence engrafted in those sections only to a
'man'. It is extremely important to note that the said
provisions include within the ambit of penetrative sexual
assault, the insertion of any object or body-part; or
the manipulation of any body-part of a child to cause
penetration; or the application of the mouth. It would
therefore be completely illogical to say that the offence
contemplated in those provisions refers only
to penetration by a penis.
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24. Though it has been argued on behalf of the
petitioner that in Independent Thought (supra) the
Supreme Court has held that the definition of 'rape'
appearing in the IPC is pari materia with the definition of
'penetrative sexual assault' in the POCSO Act, in the
opinion of this court, the petitioner is reading the
observations of the Supreme Court in Independent
Thought in the wrong context and manner, since, as
argued by the learned APP, the definition of 'penetrative
sexual assault' under section 3 and of 'aggravated
penetrative sexual assault' in section 5 of the POCSO
Act is not limited to the offence of rape.
25. In the opinion of this court, a comparison of the
offence defined in section 375 of the IPC (on the one
hand) and in sections 3 and 5 of the POCSO Act (on the
other) shows that the offences so defined are different.
Though the acts that form the gravamen of the offence in
section 375 of the IPC are the same as those in
sections 3 and 5 of the POCSO Act, the opening line of
section 375 specifically refers to a "man" whereas the
opening line of section 3 refers to a "person". The scope
and meaning of the word "man" appearing in
section 375 of the IPC is not under consideration of this
court in the present proceedings. But there is no reason
why the word "person" appearing section 3 of the POCSO
Act should be read as referring only to a 'male'. It is
accordingly held that the acts mentioned
sections 3 and 5 of the POCSO Act are an
offence regardless of the gender of the offender provided
the acts are committed upon a child.
26. On a conjoint reading of the foregoing provisions of
the POCSO Act, it is accordingly held that the word 'he'
appearing in section 3 of the POCSCO Act cannot be given a
restrictive meaning, to say that it refers only to a 'male'; but
must be given its intended meaning, namely that it includes
within its ambit any offender irrespective of their gender."
(Emphasis supplied)
25
The Delhi High Court holds that protection the Act affords, and
accountability it demands operate with equal rigor, irrespective of
genders of the victim or the perpetrator. In its essence the Act
qua the objects and reasons, both in its original form of
2012 and as fortified in 2019 stands as a testament to such
interpretation. Thus, when read holistically, through its
objects, amendments and judicial interpretation, the Act
emerges as a legislation that is profoundly inclusive in its
embrace, it does not differentiate genderwise. Therefore,
there can be no shadow of a doubt, that the Act is Gender
Neutral. The issue is accordingly answered.
Issue No.2:
(ii) Can offences under Sections 4 and 6 of the Act be
alleged against a woman?
12. The submission of the learned senior counsel for the
petitioner is, that a woman cannot be accused of committing
offences under Sections 4 and 6 of the Act. To buttress his
submission, he would seek to elaborate every ingredient of Section
26
3, which is necessary for an offence under Section 4 and, Section 5,
which is necessary for an offence under Section 6. I, therefore,
deem it appropriate to notice Sections 3, 4, 5 and 6 of the Act.
They read as follows:
SECTIONS 3 AND 4 OF THE POCSO ACT:
"3. Penetrative sexual assault.--A person is said to
commit "penetrative sexual assault" if--
(a) he penetrates his penis, to any extent, into the
vagina, mouth, urethra or anus of a child or makes
the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the
body, not being the penis, into the vagina, the urethra or
anus of the child or makes the child to do so with him or
any other person; or
(c) he manipulates any part of the body of the child so as to
cause penetration into the vagina, urethra, anus or any
part of body of the child or makes the child to do so with
him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra
of the child or makes the child to do so to such person or
any other person.
4. Punishment for penetrative sexual assault.--(1)
Whoever commits penetrative sexual assault shall be
punished with imprisonment of either description for a
term which shall not be less than 9[ten years] but which
may extend to imprisonment for life, and shall also be
liable to fine.
(2) Whoever commits penetrative sexual assault on
a child below sixteen years of age shall be punished with
imprisonment for a term which shall not be less than
27
twenty years, but which may extend to imprisonment for
life, which shall mean imprisonment for the remainder of
natural life of that person, and shall also be liable to fine.
(3) The fine imposed under sub-section (1) shall be just
and reasonable and paid to the victim to meet the medical
expenses and rehabilitation of such victim.
(Emphasis supplied)
A careful reading of Section 3 which deals with penetrative sexual
assault reveals, that it opens with the words 'a person' - a
term that is gender neutral by design. Clause (a) specifies 'he
penetrates his penis', but significantly, it immediately expands the
scope to include instances where the accused 'makes the child to do
so with him or any other person'. The import of this clause is not
confined to physical act alone, but extends to any person who
induces, coerces or facilitates such an act regardless of their
gender. Clause (b) while beginning with the words 'he inserts' once
again concludes with the critical phrase 'or makes the child to do so
with him or any other person'. Similarly, clause (c) speaks about
manipulation of any part of the child's body, so as to cause
penetration or making the child perform such acts on the accused
or any other person. Clause (d) involves the application of mouth
28
to the penis, likewise includes the act of compelling the child to do
so. This is the unmistakable construction of Section 3, which forms
the ingredients of Section 4. This construction leaves no room
for ambiguity. The statute is comprehensive, designed to
encompass acts committed by any person, male or female.
The gender of the perpetrator is immaterial. What matters
is the act and the involvement of the child.
13. The explainable purport is, it could be by a woman upon a
boy as Section 3, explained hereinabove, has four clauses. Section
3 begins with the words 'A person". Clause (a) thereof observes 'he
penetrates his penis, to an extent, into the private part, mouth,
urethra of a child'. Therefore, this is an act of a man or makes the
child to do so with him or any other person. Clause (b) though
begins with the words 'he inserts' again ends with or makes the
child to do so with him or any other person. Clause (c) observes
that 'he manipulates any party of the body of the child so as to
cause penetration' or makes the child to do so with him or any
other person. Clause (d) observes that 'he applies his mouth to the
29
penis or makes the child to do so'. The purport in the considered
view of this Court is, it is both against a male and a female.
SECTIONS 5 AND 6 OF THE POCSO ACT:
"5. Aggravated penetrative sexual assault.--(a)
Whoever, being a police officer, commits penetrative sexual
assault on a child--
(i) within the limits of the police station or premises at
which he is appointed; or
(ii) in the premises of any station house, whether or not
situated in the police station, to which he is appointed;
or
(iii) in the course of his duties or otherwise; or
(iv) where he is known as, or identified as, a police officer;
or
(b) whoever being a member of the armed forces or
security forces commits penetrative sexual assault on a child--
(i) within the limits of the area to which the person is
deployed; or
(ii) in any areas under the command of the forces or
armed forces; or
(iii) in the course of his duties or otherwise; or
(iv) where the said person is known or identified as a
member of the security or armed forces; or
(c) whoever being a public servant commits penetrative
sexual assault on a child; or
30
(d) whoever being on the management or on the staff of
a jail, remand home, protection home, observation home, or
other place of custody or care and protection established by or
under any law for the time being in force, commits penetrative
sexual assault on a child, being inmate of such jail, remand
home, protection home, observation home, or other place of
custody or care and protection; or
(e) whoever being on the management or staff of a
hospital, whether Government or private, commits penetrative
sexual assault on a child in that hospital; or
(f) whoever being on the management or staff of an
educational institution or religious institution, commits
penetrative sexual assault on a child in that institution; or
(g) whoever commits gang penetrative sexual assault on
a child.
Explanation.--When a child is subjected to sexual assault
by one or more persons of a group in furtherance of their
common intention, each of such persons shall be deemed to
have committed gang penetrative sexual assault within the
meaning of this clause and each of such person shall be liable
for that act in the same manner as if it were done by him alone;
or
(h) whoever commits penetrative sexual assault on a
child using deadly weapons, fire, heated substance or corrosive
substance; or
(i) whoever commits penetrative sexual assault causing
grievous hurt or causing bodily harm and injury or injury to the
sexual organs of the child; or
(j) whoever commits penetrative sexual assault on a
child, which--
(i) physically incapacitates the child or causes the
child to become mentally ill as defined under
clause (b) of Section 2 of the Mental Health Act,
1987 (14 of 1987) or causes impairment of any
kind so as to render the child unable to perform
regular tasks, temporarily or permanently;
(ii) in the case of female child, makes the child
pregnant as a consequence of sexual assault;
31
(iii) inflicts the child with Human Immunodeficiency
Virus or any other life-threatening disease or
infection which may either temporarily or
permanently impair the child by rendering him
physically incapacitated, or mentally ill to
perform regular tasks;
(iv) causes death of the child; or
(k) whoever, taking advantage of a child's mental or
physical disability, commits penetrative sexual assault on the
child; or
(l) whoever commits penetrative sexual assault on
the child more than once or repeatedly; or
(m) whoever commits penetrative sexual assault on a
child below twelve years; or
(n) whoever being a relative of the child through blood or
adoption or marriage or guardianship or in foster care or having
a domestic relationship with a parent of the child or who is living
in the same or shared household with the child, commits
penetrative sexual assault on such child; or
(o) whoever being, in the ownership, or management, or
staff, of any institution providing services to the child, commits
penetrative sexual assault on the child; or
(p) whoever being in a position of trust or authority
of a child commits penetrative sexual assault on the child
in an institution or home of the child or anywhere else; or
(q) whoever commits penetrative sexual assault on a
child knowing the child is pregnant; or
(r) whoever commits penetrative sexual assault on a child
and attempts to murder the child; or
(s) whoever commits penetrative sexual assault on a child
in the course of 14[communal or sectarian violence or during any
natural calamity or in similar situations]; or
32
(t) whoever commits penetrative sexual assault on a child
and who has been previously convicted of having committed any
offence under this Act or any sexual offence punishable under
any other law for the time being in force; or
(u) whoever commits penetrative sexual assault on a
child and makes the child to strip or parade naked in public, is
said to commit aggravated penetrative sexual assault.
6. Punishment for aggravated penetrative sexual
assault.--(1) Whoever commits aggravated penetrative
sexual assault shall be punished with rigorous
imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for
life, which shall mean imprisonment for the remainder of
natural life of that person, and shall also be liable to fine,
or with death.
(2) The fine imposed under sub-section (1) shall be just
and reasonable and paid to the victim to meet the medical
expenses and rehabilitation of such victim.]"
(Emphasis supplied)
Section 6 that is alleged has its ingredients in Section 5. Section
5(l) among other things also punishes an act of penetrative sexual
assault by whoever being in a position of trust or authority of a
child commits penetrative sexual assault on a child in an institution
or home of a child or anywhere else. Section 5 (p) punishes
whoever commits penetrative sexual assault on the child more than
once or repeatedly. The afore two provisions in Section 5 which
form two among various ingredients of Section 6 punishes a person
33
whoever being in the position of trust or authority and repeatedly
commits penetrative sexual assault. If the findings rendered in
answer to Issue No.1 are paraphased to issue No.2, the offence
need not be committed only by a male on a female, it can be other
way round. In the light of the aforesaid explanation, the
unmistakable inference, in the considered view of this Court, is that
the offences under Section 4 and 6 of the Act can undoubtedly be
brought against a woman. The issue is accordingly answered.
Issue No.3:
(iii) Whether the ingredients of Sections 4 and 6 of the
Act are met in the case at hand?
14. The case at hand revolves round a victim boy. As
observed hereinabove, the Act is gender neutral. It equally
punishes a woman, who indulges in sexual assault of a boy, as it
punishes a man indulging in sexual assault of a girl. The only rider
is that the victim should be below 18 years of age. On the bedrock
of the aforesaid interpretation, it now becomes necessary to notice
whether the ingredients of Section 3 and 5 of the Act are met, or
34
otherwise, in the case at hand, for which the genesis is required to
be noticed. The genesis is the complaint. The complaint reads as
follows:
"From
Divya Nediyedath Bipin
9/10, Kaveri Street,
New Ramiah Reddy layout,
Basavanagar, Bangalore
To
The Inspector,
HAL Police Station
HAL Old Airport Rd, Sector 3, Marathahalli
Bengaluru
Subject: Sexual abuse of my minor son, xxxxx
I, Divya Bipin, wife of Bipin Therat Sethumadhavan
residing at Villa 31, Street 4, Springs 8, Dubai (permanent
address: 9/10, Kaveri street, New Ramaiah Reddy layout,
Basavanagar, Bangalore), wish to lodge a complaint regarding
the sexual abuse of my minor son, xxxxx, currently aged 17, by
a woman named Archana Patil (mobile number +91 97399
02572).
My husband, Bipin, son, xxxxx, daughter Bhadra Priya
used to live in Bangalore at Adarsh Vista, Doddenakundi until
August 2020. During this period, my son, xxxxx, was subject to
sexual assault, by Archana Patil, who also resided in the same
gated community. At that time, my son was around 13 years old
and studying in class 8 at Global City International School,
Malleshpalya. The incidents took place between the months of
May-July, 2020 amidst the COVID-19 pandemic.
Archana Patil and I were a member of a WhatsApp
women's group part of Adarsh Vista community. My first
Interaction with Archana was in March 2020 when she
35
was selling potatoes and distributing drumsticks and
posted about these on the said WhatsApp group. I
wanted to buy some of these vegetables, so I sent my
son, xxxxx, to collect them. Archana mentioned that
xxxxx was very helpful in picking the drumstick. Since
she was living alone (she said her husband and daughter
lived in the US) and was around my age, I offered to send
my son to help with chores in the garden and errands
such as distributing vegetables. Around May 2020, she
asked me if my son could assist her in running an art
account on Instagram. This required xxxxx to visit
Archana's house to take photographs of her paintings.
During one such visit around May-June 2020, when
xxxxx was in Archana's house, she locked the front door,
before heading upstairs where the paintings were kept.
Once xxxxx completed taking pictures of the paintings in
Archana's mobile phone, she invited xxxxx to sit the sofa
to go through the photographs, before posting them. At
this point she touched xxxxx's hand and said she liked
him a lot and kissed him. She then took him to her
bedroom where she took both their clothes off. xxxxx
was in a state of shock and went numb. xxxxx broken
mentally, -- dazed, and remembered feeling "naked, cold
and shivering" and could not respond / resist to what she
was doing or saying. He said she touched his privates
inappropriately and continued doing so until she put a
condom on him. She continued to touch him everywhere,
made him penetrate her until she was satisfied.
Archana convinced him not to tell anyone. xxxxx,
still in a state of shock, left her house as quickly as he
could and was too shocked and scared to tell us about
what had happened.
Archana continued to request xxxxx's assistance for
Instagram work. My son was not too keen to help, but I
attributed this to a teenager's laziness and pushed him to
go help the neighbour since I didn't know about the
assault on my son during the last visit. One day, after
repeated requests from me, my son went to Archana's
house again, seeing that there was another girl in
Archana's house and assuming it to be safe. However,
36
Archana managed to send the girl away, and repeated her
inappropriate behaviour. This time, 'she started hugging
him and touching his back. She then forced him to take
off his clothes and she proceeded to undress herself. She
again forcefully made him penetrate her. She also
forcefully took his penis in her mouth. She convinced him
to not tell anybody about what she had done, telling him
that it would get both of them into trouble. xxxxx was too
scared to tell us about what had happened. Soon after,
we were discussing moving away from Bangalore for
better career prospects and he thought he would be
safer, away from that environment and hence tried to
stop thinking about what had happened.
On July 19, 2020, Archana texted me, asking if
everything was okay, as my son had reduced his visits to her
house. This was the time we were planning to relocate to Dubai
and I was busy with organising the move, so I was too busy to
think too much into it. I remained in touch with Archana even
after we left Bangalore in August 2020, but the frequency of the
messages reduced eventually. Archana used to be in touch with
xxxxx over Instagram through 2 accounts that she used to
operate. Following the incidents in her house, xxxxx blocked
Archana on her personal account but she persisted to contact
him through the other account which also xxxxx blocked as he
did not want to have anything to do with her anymore.
My son did not disclose these Incidents for a long
time due to fear and confusion. However, after struggling
to cope with the trauma, he finally opened up to us
around February this year. We were shocked and upset
beyond words. We encouraged him to speak about the
incident and to seek therapy, which he did over the
following months. During therapy, my son spoke to the
therapist in detail about what had happened. This is when
we realised the true intensity of what had happened, and
we wanted to take strong action against Archana. It is at
this point that xxxxx told us in detail about what the
incidents of sexual abuse by Archana and we understood
how much suffering he had been through.
I am given to understand that Archana still lives at
Adarsh Vista, and continues to interact with children, offering
37
tuition and art classes. I fear that Archana Patil may have
harmed or continue to harm other children. I wish to file a
complaint against her to ensure justice is served and to protect
other children from facing the same trauma that my son had to
go through. Therefore, I request you to kindly register this
complaint and take appropriate action against Archana Patil.
We are currently in Bangalore for a few weeks (at our
permanent residence) and are willing to cooperate fully in the
investigation. Attached is the summary from xxxxx 's therapist
and a copy of my chat history with Archana."
(Emphasis added)
The complaint alleges sexual abuse of the son of the complainant
between March 2020 and August 2020. The narration in the
complaint is between May and June 2020. The son of the
complainant was frequently visiting the petitioner's house and on a
particular day, when the son was in the house of the petitioner, she
locks the door, heads upstairs where paintings are kept and allows
the victim boy to complete taking pictures of the paintings in her
mobile phone, she invites the victim boy to sit on the sofa to go
through the photographs before posting on Instagram. At this point,
it is the narration of the victim boy, to the mother that the
petitioner touched the victim boy's hands and said that she likes
him a lot and began to kiss him. It is the further narration that she
took him into the bedroom where she pulled all her clothes and
38
undressed him at which time, the victim boy was in state of shock
and became numb and broken mentally. He then reveals that she
touched his private parts inappropriately and continued to do so
until she inserted a condom on his private part and touching him
everywhere. It is the narration that she asked him to penetrate into
her private part until she was satisfied. It is the further narration
that the victim boy's assistance was taken repeatedly for Instagram
work and the son became a victim of the petitioner's sexual desire.
The family left for United Arab Emirates but the communications
between them continued. There are several other instances noticed
in the complaint in vivid details. This complaint becomes a crime in
Crime No.533 of 2024.
15. The Child Protection Officer, after registration of crime,
examines the victim boy and records his statement. This reveals
even more vivid details. The narration by the victim boy is as
follows:
"ಆಪ
ಆಪ ಸ ಾ ೋಚನ ವರ
ಾಂಕ:04/07/2024 ರಂದು 'ಆರ ಕ ೕ ಕರು, ೆ .ಎ.ಎ , ೕ !ಾ"ೆ ರವರು
ೕ#ರುವ ಮನ%ಯಂ'ೆ ಆಪ ಸ ಾ ೋಚನ ವರ ಯನು( )ದ*ಪ#ಸ ಾ+,ೆ.
39
-ಾಲಕನ ೆಸರು: xxxxx
ತಂ,ೆ ೆಸರು : 012 ಥರ4,
ವಯಸು5 : 17 ವಷ7
%8ಾಸ : ,ೊಡ: ೆಕು;ಂ , ಆದಶ7 %=ಾರ >ೇ?ೆ4 ಕಮು @ -ೆಂಗಳCರು
-ಾಲಕ xxxxx ರವರು ತಂ,ೆ 012 ಥರ4 ಾಗೂ 'ಾD EಾF ೆ GಾH 012
ತಂ+ ಭದJ 1JGಾ Kೊಂ >ೆ -ೆಂಗಳCರು ನಗರದ ,ೊಡ: ೆಕು;ಂ , ಆದಶ7 %=ಾ >ೇ4 ಕಮು @ರ
%8ಾಸದ L ಅಗ N 2020 ರವKೆ>ೆ EಾಸEಾ+ರು'ಾKೆ. ಆ ಸಮಯದ L 13 ವಷ7ದವ ಾ+ದು*,
ಮ ೆLೕಶOಾಳFದ Lರುವ >ೊLೕಬ )@ ಇಂಟರ ಾFಷನ Sಾ ೆಯ 8 ೇ ತರಗTಯ L %,ಾFUಾFಸ
ಾಡುTರು'ಾ ೆ. ಈ ಘಟ ೆಯು 2020, ರ Xೋ%Y-19 ಸಮಯದ Zೕ- ಜೂ2 Tಂಗಳ\ಗಳ ನಡುEೆ
ನ]ೆ ರುತ,ೆ. xxxxx Eಾಸ%ದ* ಸಮು,ಾಯದ L^ೕ Eಾಸ%ದ* ಅಚ7 ಾ ರವರು ಆದಶ7 %=ಾ
ಸಮು,ಾಯದ ಮ_8ಾ Eಾ45ಆ` ಗೂJ`ನ ಸದಸFKಾ+ರು'ಾKೆ. -ಾಲಕನ ' 'ಾD>ೆ ಅಚ7 ಾ
Oಾ@ೕ ರವರು ಪ ಚಯEಾ+ದು*, aೕ?ೋ>ಾJ` 'ೆ>ೆಯಲು xxxxx ರವರನು(
ಕಳ\_)Xೊಡುವಂ'ೆ Tb)ರು'ಾKೆ ಆಗ -ಾಲಕನು ಅವರ ಮ ೆ>ೆ ೊ+ರು'ಾ ೆ.
xxxxx ರವರು ಅಚ7 ಾ ಅವರ ಮ ೆಯ L,ಾ*ಗ, xxxxx ರವರು ¥ÉÃAmï UÀ¼À£ÄÀ ß
ಇ ಸ ಾ+ರುವ ಮಹ#>ೆ ೋಗುವ dದಲು ಅಚ7 ಾ ರವರು ಮ ೆಯ ಮುಂUಾಗದ -ಾ+ಲನು( ಾe
ಾ#ರು'ಾKೆ. xxxxx ರವರು ಅಚ7 ಾ ಅವರ d-ೈ aೕ2 ನ L. Oೇಂ@ಂgಗಳ hತJಗಳನು(
vÉUÉAiÀÄĪÀÅzÀ£ÀÄß ¥ÀÆಣ7>ೊb)ದ ನಂತರ, aೕ?ೋಗಳನು( ೕ N ಾಡುವ ªÉÆzÀ®Ä ಅಚ7 ಾ
ರವರು xxxxx ನನು( =ೋjಾದ L ಕುbತುXೊಳkಲು ಆ ಾl ), ಅಚ7 ಾ ರವರು xxxxx ನ
Xೈಯನು( ಮು@N ಮತು ಅವನನು( ತುಂ-ಾ ಇಷNಪಡುTರುವm,ಾ+ Tb) xxxxx ರವರನು( ತುಂ-ಾ ಸಲ
ಚುಂ0)ರು'ಾKೆ. ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು ಅವನನು( ತನ( ಮಲಗುವ Xೋ"ೆ>ೆ ಕKೆ,ೊ AiÀÄÆÝ
ೈಂ+ಕ nJ^ ನ]ೆ)ರು'ಾ8ೆ. ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು xxxxx >ೆ ಇದರ ಕು ತು
Gಾ ಗೂ ೇಳದಂ'ೆ Tb)ದು*, xxxxx ಆ ಸಮಯದ L ಆoತ )pTಯ Lದು*, ಆದಷುN -ೇಗ ಅಚ7 ಾ
ರವರ ಮ ೆDಂದ ತಮq ಮ ೆ>ೆ ಬಂ ದು*, ನ]ೆದ ಘಟ ೆಯ ಕು ತು ತುಂ-ಾ >ಾಬ '. ಾಗೂ
ಭಯ ಂದ Gಾ ಗೂ ೇbರುವm ಲL. ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು -ಾಲಕನ 'ಾD>ೆ ಇ£Áì÷Ö
>ಾJr Xೆಲಸದ ಸ ಾಯXಾ;+ xxxxx ನನು( ತಮq ಮ ೆ>ೆ ಕಳ\_ಸುವಂ'ೆ -ಾಲಕನ 'ಾD>ೆ
%ನಂT)Xೊಳ\kವmದನು( ಮುಂದುವKೆ)ರು'ಾKೆ. -ಾಲಕನ ಸ ಾಯ ಾಡಲು ೆಚುs
ಉತು5ಕ ಾ+ *ರ ಲL, ಆದKೆ -ಾಲಕನ 'ಾD ಇದನು( ಹ ಹKೆಯದವರ =ೋ ಾ ತನದ ಲ ಣEೆಂದು
Tbದು, ಮಗನ Zೕ ೆ ನ]ೆದ ೈಂ+ಕ ಹ ೆLಯ ಬ>ೆu -ಾಲಕನ 'ಾD>ೆ Tb ಲLದ Xಾರಣ ಅಚ7 ಾ
Oಾ@ೕ ರವ >ೆ ಸ ಾಯ ಾಡಲು xxxxx ನನು( ಅಚ7 ಾ ರವರ ಮ ೆ>ೆ ಕಳ\_)ರು'ಾKೆ.
ಅಚ7 ಾಳ ಮ ೆಯ L ಇ ೊ(ಬv ಹುಡು+ ಇರುವmದನು( ೋ# 'ಾನು ಸುರwತEಾ+ರುವm,ಾ+ Uಾ%)
ಮ'ೆ ಆಚ7 ಾಳ ಮ ೆ>ೆ ೋ+ರು'ಾ ೆ. ಆದKೆ ಅಚ7 ಾ ತನ( 'ಮ ೆಯ Lದ* ಹುಡು+ಯನು( ೊರ>ೆ
40
ಕಳ\_) ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು ಮ'ೆ ಬಲವಂತEಾ+ -ಾಲಕ ೊಂ >ೆ ೈಂ+ಕ nJ^
ಾಡುವಂ'ೆ ಒ'ಾD)ರು'ಾKೆ. ಈ %yಾರ Gಾ >ಾದರು Tb)ದKೆ ಇಬv ಗೂ 'ೊಂದKೆGಾಗುತ,ೆ
ಎಂದು -ಾಲಕ >ೆ ೇbರು'ಾKೆ. xxxxx Gಾವಗಲು ತುಂ-ಾ zನ('ೆDಂದ ಇದು* ಈ ಸಮಯದ L
-ಾಲಕನ ೕಷಕರು ತಮq ವೃT|ೕವನದ ೕ}ೆಗb>ಾ+ -ೆಂಗಳC ಂದ ದೂರ ೋಗುವmದನು(
ಚh7ಸುTರು'ಾKೆ ಮತು D ಸಮಯದ L -ಾಲಕನು ಮಗನು 'ಾನು -ೇKೆ Eಾ'ಾವರಣದ L.
ಸುರwತEಾ+ರುವm,ಾ+ %yಾರ ಾ#, ನ]ೆದ ಘಟ ೆಯ ಕು ತು %yಾರ ªÀiÁqÀĪÀÅzÀ£ÀÄß ¤°è¹gÀÄvÁÛ£É.
-ಾಲಕನು ಅಚ7 ಾ Oಾ@ೕ ರವರ ಮ ೆ>ೆ ೋಗುವmದು ಕ#ದು ಾ#,ಾಗ, ಾಂಕ:ಆಗ N 2020
ರ L -ಾಲಕನ ೕಷಕರು -ೆಂಗಳCರನು( 'ೊKೆದ ನಂತರವ~ -ಾಲಕ ಮತು -ಾಲಕನ ೕಷಕರ
•ೋ'ೇ ಆಚ7 ಾ ಅವರು ಸಂಪಕ7ದ Lರು'ಾKೆ. ಆದKೆ ಇ£ÁÖ÷ì>ಾJr ನ L ಸಂ,ೇಶಗಳ ಹಂhXೆ
ಅಂTಮEಾ+ ಕ#ZGಾ+ರುತ,ೆ. ಅಚ7 ಾ ಅವರು ವ7_ಸುTದ* 2 €ಾ'ೆಗಳ ಮೂಲಕ ಇ£ÁÖ÷ì>ಾJr
ನ L xxxxx ಅವKೊಂ >ೆ ಸಂಪಕ7ದ Lದ Lರು'ಾKೆ. ಅಚ7 ಾ ರವರ ಮ ೆಯ L ನ]ೆದ 'ಘಟ ೆಗಳ
ನಂತರ, xxxxx ಅಚ7 ಾಳನು( ತನ( Eೈಯnಕ €ಾ'ೆಯ L -ಾLe ಾ#ರು'ಾKೆ. ಆದKೆ ಅಚ7 ಾ
ರವರು ಇ ೊ(ಂದು €ಾ'ೆಯ, ಮೂಲಕ -ಾಲಕನ ೕಷಕರ €ಾ'ೆಯ L xxxxx ನು( ಸಂಪn7ಸಲು
ಪJಯT()ರು'ಾKೆ,xxxxx ಆ €ಾ'ೆಯನೂ( ಸಹ -ಾLe ಾ#ರು'ಾKೆ.ಆದKೆ ಭಯ ಮತು
>ೊಂದಲ ಂ,ಾ+ xxxxx ನ]ೆದ ಘಟ ೆಗಳನು( ೕಘ7XಾಲದವKೆ>ೆ ಬ_ರಂಗಪ#)ರ ಲL. xxxxx
ಅಂTಮEಾ+ 2024 ೇ =ಾ ನ jೆಬJವ ಯ L ೕಷಕ >ೆ ನ]ೆದ ಘಟ ೆ ಕು ತು' Tb)ರು'ಾ ೆ.
ಮುಂ ನ ನಗಳ L ಘಟ ೆಯ ಬ>ೆu ಾತ ಾಡಲು ಮತು' hn'ೆ5ಯನು( ಪ]ೆಯಲು -ಾಲಕನ ೕಷಕರು
xxxxx>ೆ ೇbರು'ಾKೆ. hn'ೆ5ಯ ಸಮಯದ L, xxxxx ಏ ಾDತು ಎಂಬುದರ ಕು ತು
hnತ5ಕKೊಂ >ೆ. %ವರEಾ+ ಾತ ಾ#ರು'ಾKೆ. ಈ Eೇ8ೆ ನ]ೆದ ಘಟ ೆಯ ಜEಾದ TೕವJ'ೆಯನು(
ಅ ತು ಅಚ7 ಾ %ರುದ‚ ಕƒಣ ಕJಮ Xೈ>ೊಳkಲು -ಾಲಕನ ೕಷಕರು T ಾ7 ) ಎ . ಎ .ಎ
ೕ !ಾ"ೆಯ L ದೂರು ,ಾಖ )ರು'ಾKೆ ಎಂದು -ಾಲಕನು Tb)ರು'ಾ ೆ."
The Police then conduct investigation. The statement of the
mother/complainant during the course of investigation is a
complete narration of what the boy has gone through all the 4
years psychologically and when he was confronted, gave all
minute details of what has happened. The statement of the
mother of the victim is as follows:
41
" ೆ .ಎ.ಎ ೕ !ಾ"ೆ, d.ಸಂ-533/2024 ಕಲಂ 4 ಮತು 6 ೕPÉÆìà ಆeN
1gÁåದು,ಾರರ ಮುಂದುವKೆದ ೇbXೆ
...JೕಮT ವF ೆ#ಯಡH 012 Xೊಂ 012 †ೆKಾ4, 45 ವಷ7, Eಾಸ ನಂ-9/10, XಾEೇ )‡ೕ4,
ನೂF KಾಮಯF Kೆ#: ೇಔ4, ಬಸವನಗರ, -ೆಂಗಳCರು ನಗರ. d-9901296144
ಾಂಕ: 20.07.2024
*********
ಾನು Zೕಲ;ಂಡ %8ಾಸದ L ಕ8ೆದ ಒಂದು Tಂಗb ಂದ ನನ( ಕುಟುಂಬ ಸದಸFKೊಂ >ೆ
Eಾಸ ಾ#Xೊಂ#ರು’ೇ ೆ. ಾನು ಪJಸುತ ಗೃ_‰Gಾ+ರು’ೇ ೆ. ಾನು 2005 ೇ =ಾ ನ L 012
†ೆKಾ4 ಎಂಬುವವರನು( %Eಾಹ ಾ#Xೊಂ#ದು*, ನನ( ಪT ಾಗೂ ಾನು ಇಬvರೂ Xೇರಳ KಾಜFದ
ಮೂಲದವKಾ+ದು*, ನನ( ಪT 012 †ೆKಾ4 ರವರು ಅZ•ಾ2 €ಾಸ+ ಕಂಪ ಯ L Xೆಲಸ
ಾ#Xೊಂ#ರು’ಾKೆ. ನಮ>ೆ ಒಂದ ೇ xxxxx ಎರಡ ೇ ಕು॥ ಭದJ 1JGಾ ಎಂಬ ಎಂಬ ಇಬvರು
ಮಕ;bರು’ಾKೆ. ನಮq ಸlಂತ %8ಾಸವm ನಂ-8#, ಜಯಲ ‰Š ಅOಾ47Zಂ4, ಪmತೂರು Oಾ ಾ;4
Xೇರ8ಾ KಾಜF ಆ+ರುತ,ೆ. ಾನು 00ಎ ಪದ%ಯನು( ೊಂ ದು*, ಾನು ಈ _ಂ,ೆ €ಾಸ+ ಕಂಪ ಯ L
Xೆಲಸ ಾ#Xೊಂ#,ೆ*ೕನು. ನನ( ಪTಯವರು ನಮq %Eಾಹಕೂ; dದ ೇ -ೆಂಗಳCರು ನಗರದ
ಬಸವನಗರ, ನೂF KಾಮಯF Kೆ#: ೇಔ4, XಾEೇ )‡ೕ4 ನ Lರುವ ನಂ-9/10 ರ L ಮ ೆಯನು(
ಾ7ಣ ಾ#Xೊಂಡು Eಾಸ ಾ#Xೊಂ#ದು*, ನನ(ನು( %Eಾಹ ಾ#Xೊಂಡ ನಂತರ ನಮq
ಸಂ=ಾರವನು( Zೕ ೆ Tb)ದ %8ಾಸದ L ನ]ೆ)ರು’ೇEೆ. ನನ( dದಲ ೇ ಮಗ xxxxx ರವರ
ಹು@Nದ, ಾಂಕ: 15.09.2006 ರಂದು ಾಗೂ ನನ( ಮಗಳ\ ಭದJ 1JGಾ ರವರ ಹು@Nದ ಾಂಕ:
21.10.2009 ರಂದು ಆ+ರುತ,ೆ. ನಮq ಕುಟುಂಬವm Zೕ ೆ Tb)ದ %8ಾಸದ L ಇ,ಾ*ಗ ೇ ನಮ>ೆ
ಮಕ;ಳ\ ಆ+ರು’ಾKೆ. ನಂತರ ನನ( ಮಕ;ಳನು( EಾUÉÝÃ% Sಾ ೆಯ L EಾFಸಂಗXೆ; =ೇ )ದು*, ನಂತರ
>ೊLೕಬ )@ ಇಂಟ‹ ಾFಷನ ಸೂ; ನ L ಅವರ %,ಾF-ಾFಸ ಮುಂದುವKೆ)ರು’ಾKೆ.
_ೕ+ರುEಾಗ, ನಮq ಮಕ;ಳ _ತ ದೃŒNDಂದ ಮಕ;b>ೆ ಮೂಲಭೂತ =ೌಲಭFಗಳನು( ಾಗೂ
Sೈ ‰ಕ Eಾತವರಣ ಉತಮEಾ+ ೆಂದು ನಮq ಕುಟುಂಬವನು( Gಾವm,ಾದರೂ >ೇ?ೆY ಕಮು @
ಮ ೆ>ೆ …ŽN ಾಡಲು T ಾ7 )Xೊಂಡು, ಅ,ೇ ೕT ಾವm Eಾಸ ಾ#Xೊಂ#ದ* ಸ•ೕಪದ ೆLೕ
ಇರುವ %•ಾನನಗರ ಮುಖFರ=ೆಯ Lರುವ ಆದಶ7 %=ಾ >ೇ?ೆY ಕಮು @ ಯ L ಎ ಾL ಾ ೕಕKಾದ
…JೕಮT Kಾಧ ಕುಪ’=ಾl• ರವ >ೆ =ೇ ದ % ಾL ನಂ-132/ಎ ರ L -ಾ#>ೆ>ೆ Eಾಸ ಾಡಲು
T ಾ7 )Xೊಂಡು, 2018 ೇ =ಾ ನ ಆಗ N Tಂಗbನ L ನಮq ಕುಟುಂಬವನು( % ಾL ನಂ-132/ಎ >ೆ
…ŽN ಾ#, ಅEಾಗ ಂದ ನಮq ಕುಟುಂಬ ಸದಸFKಾದ ನನ( ಪT, ನನ( ಮಗ xxxxx ಾಗೂ ಮಗಳ\
ಭದJ 1JೕGಾ ರ”ಂ >ೆ Eಾಸ ಾ#Xೊಂ#,ೆ*ೕವm.
42
ಾವm ಆದಶ7 %=ಾ >ೇ4Y ಕಮು @ % ಾL ನಂ-132/ಎ ರ L Eಾಸ ಾಡಲು OಾJರಂಭ
ಾ#ದ ನಂತರ ನಮq ಕಮು @ಯ L Eಾಸ ಾಡುವ ಮ_8ೆಯರು ಎ ಾLರು =ೇ Eಾ?ಾ5` ಗೂJ`
nJ^ೕ4 ಾ#ದು*, ಾನು ಸಹ ಸದ Eಾ?ಾ5` ಗೂJ` ನ L Zಂಬ‹ ಆ+ •ಾD2 ಆ+ದು*, ಈ
Eಾ?ಾ5` ಗೂJ`ನ L ನಮq ಕುಮು @ಯ L Eಾಸ ಇರುವ ಮ_8ೆಯರು Z=ೇ”ಗಳನು( jಾವ7Y
ಾಡುವmದು Sೇ‹ ಾಡುವmದು ªÀiÁqÀÄwÛzÀÝgÀÄ.
£ÀAvÀgÀ 2020£Éà ªÀiÁZïð Tಂಗbನ L ಆದಶ7 %=ಾ >ೇ?ೆY ಕಮು @ಯ ಮ_8ೆಯ
Eಾ?ಾ5` ಗೂJ`ನ ªÀÄÆ®PÀ ಅಚ7 ಾ Oಾ@ೕ ರವರು ನನ>ೆ ಪ ಚಯEಾ+ದು*, ಈXೆಯು ನನ>ೆ
ಪ ಚಯEಾದ ನಂತರ ಆXೆ ಬ>ೆu ನಮq ಬb Tb),ೆ*ೕ ೆಂದKೆ, ‘ಾನು >ಾJಜು^4 ಆ+ದು*, ತನ( ಗಂಡ
ಾಗೂ ಮಗಳ\ ಯು.ಎ .ಎ ನ L Eಾಸ ಾ#Xೊಂ#ದು*, ತನ( ತಂ,ೆಯವರು -ಾಂ-ೆಯ L Eಾಸ
ಾ#Xೊಂ#ದು*, ತನ( ತಂ,ೆ>ೆ ಆ ಾKೋಗFದ Xಾರಣ ‘ಾನು -ೆಂಗಳCರು ನಗರದ L Eಾಸ
ಾ#Xೊಂಡು, ತನ( ತಂ,ೆಯವರ ಆKೋಗFದ Xಾಳ| ೋ#Xೊಳ\kT,ಾ*+ ಾಗೂ ತನ>ೆ ಆ47
Oೈಂ@ಂg ಬ>ೆu ೆಚುs ಆಸnDದು*, ಆ47 Oೈಂ@ಂg ಾ#, ಅವmಗಳನು( ಇ£Áì÷Ö>ಾJಂನ L ೕ N
ಾಡುವ ಾಗೂ ‘ಾನು Eಾಸ ಾಡುವ % ಾL ನಂ-127 ರ €ಾ •ಾಗದ L ನು>ೆuXಾD ಾಗೂ ಇತKೆ
ತರXಾ ಗಳನು( ‘ಾ ೇ -ೆಳದು ಅವmಗಳನು( ಆದಶ7 %=ಾ % ಾLಗಳ Lನ Eಾ)ಗb>ೆ ಾKಾಟ
ಾಡುT,ಾ*+ ತನ( ಬ>ೆu Tb) ಪ ಚಯ ಾ#Xೊಂ#ದ*¼ÀÄ.
ಾಂಕ: 30.03.2020 ರಂದು …JೕಮT ಅಚ7 ಾ Oಾ@ೕ ರವರು ನನ>ೆ ಸಂಪಕ7 ಾ#,
‘ಾನು ತಮq ಮ ೆ ಬb ನು>ೆuXಾDಯನು( -ೆ8ೆ ದು*, ನು>ೆuೕXಾDಗಳನು( ಾKಾಟ ಾಡುTದು*,
ಮ>ೆ -ೇXಾದ* L ಬಂದು ‘ೆ>ೆದುXೊಂಡು ೋ+ ಎಂದು Tb)ದ ZೕKೆ>ೆ, ಾನು ನನ( ಮಗ xxxxx
ರವರನು( ಅಚ7 ಾ Oಾ@ೕ ರವರ ಮ ೆ>ೆ ಕಳ\_) ನು>ೆuXಾDಗಳನು( ಆ^; ಾ#Xೊಂಡು
ಬರುವಂ’ೆ ಕಳ\_)ರು’ೇ ೆ. ನಂತರ ನನ( ಮಗ ಅಚ7 ಾ Oಾ@ೕ ರವರ ಮ ೆ>ೆ ೋ+
ನು>ೆuXಾDಗಳನು( ಆಯು*Xೊಂಡು ಬಂ,ಾಗ, ಅಚ7 ಾ Oಾ@ೕ ರವರು’ ನನ>ೆ ಕKೆ ಾ#, ಮq ಮಗ
xxxxx ತುಂ-ಾ ಬು *ವಂತ ತುಂ-ಾ yೆ ಾ(+ ನು>ೆuXಾDಗಳನು( ಆ^; ಾಡು’ಾ ೆ, ಆತನನು( ನನ(
•ೊ’ೆ>ೆ ಕಳ\_), ತನ( ಬb ಇರುವ ಉbದ ನು>ೆuXಾDಗಳನು( ಆದಶ7%=ಾ ಕಮು @ಯ Lನ ಇತKೆ
Eಾ)ಗb>ೆ ಾKಾಟ ಾಡಲು ಸ ಾಯಕ ಾ+ರು’ಾ ೆಂದು Tb)ದ ZೕKೆ>ೆ, ಾನು ಸಹ ಅಚ7 ಾ
Oಾ@ೕ ರವ >ೆ ಸ ಾಯ ಾ#,ಾ*>ೆ ಆಗು’ೆಂದು -ಾ%), ನನ( ಮಗನನು( ಅಚ7 ಾ Oಾ@ೕ ರವರ
ಮ ೆ>ೆ ಕಳ\_)Xೊ@Nರು’ೇ ೆ.
ನಂತರ ಇ,ೇ ೕT ಪJT ತF ಅಚ7 ಾ Oಾ@ೕ ರವರು ನನ>ೆ ಕKೆ ಾ#, ಮq ಮಗ
xxxxx ರವರನು( ಮ ೆ>ೆ ಕಳ\_), ‘ಾನು Xೆಲವm ಆ47 Oೈಂ@ಂg ಗಳನು( ಾ#ದು*, ಅವmಗಳನು(
ೕ?ೋಗಳನು( ‘ೆ>ೆದುXೊಂಡು ಅವmಗಳನು( ಇ£Áì÷Ö>ಾJಂ ನ L ಆ` ೋY ಾಡ-ೇXಾ+ದು*, ಇದನು(
ಾಡಲು ಮq ಮಗನನು( ಸ ಾಯXೆ; ಬರಲು Tb)ದ* ಂದ, ಾನು ಸಹ ಆXೆ>ೆ ಸ ಾಯ ಆಗು’ೆಂದು
43
Uಾ%) ನನ( ಮಗನನು( ಅವರ ಮ ೆ>ೆ ಕಳ\_),ೆ*ನು, ಇ,ೇ ಸಮಯದ L ಅಚ7 ಾ Oಾ@ೕ ರವರು
ಕಮು @ಯ Lದ* ಇನೂ( ಇತKೆ ಮಕ;ಳನು( ಸಹ ಅವರ ಮ ೆ>ೆ ಕKೆD)Xೊಂಡು ಆ47 Oೈಂ@ಂg ಬ>ೆu
ಟೂFಷ2 XೊಡುTದ*ರು ಎಂಬ %yಾರ ನನ>ೆ Tbದು ಬಂ ರುತ,ೆ. _ೕ>ೆ ಸು ಾರು ಸಲ ಅಚ7 ಾ
Oಾ@ೕ ರವರು Xೇb,ಾ>ೆ ಾL ನನ( ಮಗ xxxxx ರವರನು( ಅವರ ಮ ೆ>ೆ ಕಳ\_ಸುT,ೆ*ನು.
ಇ,ಾದ ನಂತರ 2020 ೇ =ಾ ನ ಆಗ N Tಂಗbನ L ಾವm ನಮq ಕುಟುಂಬವನು( ದು-ೈ>ೆ
…ŽN ಾ#, ಮಕ;b>ೆ ೆhsನ %,ಾF-ಾFಸ ಾ#ಸಲು ಾಗೂ ಾವm ವೃT|ೕವನದ ೕ}ೆಗb>ಾ+
ಾಗೂ ಉನ(ತEಾದ |ೕವನ ಾಡಲು T ಾ7 )Xೊಂಡು, ಾನು ಮತು ನನ( ಪT ದು-ೈ>ೆ ೋಗಲು
T ಾ7 ), ಆಗ N-2020 ೇ =ಾ ನ L % ಾL ನಂ-31, )‡ೕ4-4, )Nಂg5-8. ದು-ೈ ರ L Eಾಸ
ಾ#Xೊಂ#ದು*, ನನ( ಮಗ xxxxx ರವರನು( ದು-ೈನ Lರುವ •ೆ-ೆ ಆ ನ Lರುವ %ಂಚಸN‹
ಸೂ; ನ L 9 ೇ ತರಗT>ೆ EಾFಸಂಗXೆ; =ೇ )ದು*, 2024 ೇ =ಾ ನವKೆಗೂ ಅ,ೇ Sಾ ೆಯ L
EಾFಸಂಗ ಾ#Xೊಂ#ದ*ನು.
_ೕ+ರುEಾಗ ನನ( ಮಗ xxxxx ರವರು ದು-ೈನ L Eಾಸ%,ಾ*ಗ, ಒಬvಂ@ಗ ಾ+,
ªÀÄÆrAiÀiÁV Gಾರು ಬb •ಾ) ಾತ ಾಡ,ೇ ಇರುTದ*ನು, ಾವm ಆತ >ೆ ದು-ೈ ನ L jೆJಂY5 ಇಲL
ಾಗೂ ದು-ೈ ªÁvÁªÀgÀt¢AzÀ PÉÆëqï ¥ÉAqÁ«ÄPï ¤AzÀ ಈ ೕT ಆ+ರಬಹು,ೆಂದು Uಾ%),
ಆತ >ೆ ,ೈgÀåವನು( ೇಳ\TzÉÝêÀÅ £ÀAvÀgÀ 2024£Éà ¸Á°£À ¥sɧæªÀj wAUÀ½£À°è ನನ( ಮಗ
xxxxx ರವರು ನಮq ಬb ಬb ತನ>ೆ AiÀiÁªÀÅzÀzÁgÀÆ ªÀiÁ£À¹PÀ vÀdÐjAzÀ aQvÉì CªÀಶFಕ’ೆD,ೆ,
ನನ(ನು( ಕKೆದುXೊಂಡು ೋ+ ಎಂದು Tb),ಾಗ, £ÁªÀÅ ¨sÀAiÀÄ©zÀÄÝ J£ÀÄ D¬ÄvÀÄ ºÉüÀÄ JAzÀÄ
MvÁÛAiÀÄ ªÀiÁrzÁUÀ, DvÀ£ÀÄ £ÀªÀÄä ಬb Tb),ೆ*ೕ ೆಂದKೆ,
‘ ಾವm ಈ _ಂ,ೆ -ೆಂಗಳCರು ನಗರದ Lನ ಆದಶ7 %=ಾ ಕಮು @ಯ L Eಾಸ%,ಾ*ಗ,
2020 ೇ =ಾ ನ L % ಾL ನಂ-127 ರ L Eಾಸ%ದ* …JೕಮT ಅಚ7 ಾ Oಾ@ೕ ರವರು ಮ>ೆ
ಪ ಯಚEಾ+,ಾ*ಗ, ಆXೆಯ ಮ ೆ>ೆ ನು>ೆu XಾDಯನು( ತರಲು ಕಳ\_),ಾಗ, ಆXೆಯು ನನ>ೆ
ಪ ಯEಾ+ದು*, ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು ನನ(ನು( ನು>ೆuXಾD ತರXಾ ಗಳನು(
ಆಯು*Xೊಳ\kವ L ಬಹಳ ಸ ಾಯಕ ಾ+ *Gಾ ಎಂದು ೇb, ನಂತರ 2020 ೇ =ಾ ನ Zೕ Tಂಗbನ
ಸಮಯದ L ಅಚ7 ಾ ರವರು ನನ>ೆ ಆXೆಯ ಆ47 Oೈಂ@ಂg ಗಳನು( ೕ?ೊ ‘ೆ>ೆದು ಅವmಗಳನು(
ಇ£Áì÷Ö>ಾJಂನ L ೕ N ಾಡಲು ಸ ಾಯ ಾಡಲು ಅವರ ಮ ೆ>ೆ ಕKೆD)Xೊಂಡು, ನನ(ನು( ಅಚ7 ಾ
Oಾ@ೕ ರವರ ಮ ೆಯ L Oೈಂ@ಂg ಗಳನು( ಇ ಸ ಾ+ರುವ ಮಹ#>ೆ ೋಗುವ dದಲು ಅಚ7 ಾ
ರವರು ತಮq ಮ ೆಯ ಮುಂUಾಗದ -ಾ+ಲನು( ಾe ಾ#ದು*, ನಂತರ ಾನು ಅಚ7 ಾ ಅವರ
d-ೈ aೕ2 ನ L Oೇಂ@ಂg ಗಳ hತJಗಳನು( ‘ೆ>ೆಯುವmದನು( ಪ~ಣ7>ೊb)ದ ನಂತರ,
aೕ?ೋಗಳನು( ೕ N ಾಡುವ dದಲು ಅಚ7 ಾ ರವರು ನನ(ನು( =ೋjಾದ L ಕುbತುXೊಳkಲು
ಆ ಾl ), ಅಚ7 ಾ ರವರು ನನ( Xೈಯನು( ಮು@N ಮತು ನನ(ನು( ತುಂ-ಾ ಇಷNಪಡುTರುವm,ಾ+ ನನ>ೆ
44
ತುಂ-ಾ ಸಲ ಚುಂ0)ರು’ಾKೆ. ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು ನನ(ನು( ಆXೆಯ ಮಲಗುವ Xೋ”ೆ>ೆ
ಕKೆ,ೊಯ*, ಅ L ಆXೆ ತನ( ಾಗೂ ನನ( ಬ?ೆNಗಳನು( ‘ೆ>ೆ,ಾಗ, ನನ>ೆ ಅoತEಾ+ದು*, ಾನು
ಾನ)ಕEಾ+ ತ0v-ಾv+ ಮತು -ೆತ ಾ+ದು*, ಚb ಮತು ನಡುಗು%XೆDಂದ ಅವಳ\ ಏನು
ಾಡುT,ಾ*8 ೆC ೕ ಅಥEಾ ೇಳ\T,ಾ*8 ೆC ೕ ಅದXೆ; ಪJTnJDಸಲು/ %Kೋœಸಲು =ಾಧFEಾ+ರುವm ಲL.
ಅಚ7 ಾ ರವರು ನನ( €ಾಸ+ Uಾಗಗಳನು( ಅನುhತEಾ+ ಮು@N, ನನ>ೆ Xಾಂ]ೋr ಾn ತನ>ೆ
ತೃ1GಾಗುವವKೆ>ೆ ೈಂ+ಕ nJ^ ನ]ೆ)ರು’ಾ8ೆ. ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು ನನ>ೆ ಇದರ
ಕು ತು Gಾ ಗೂ ೇಳದಂ’ೆ Tb)ದು*, ಾನು ಆ ಸಮಯದ L ಆoತ )pTಯ Lದು*, ಆದಷುN -ೇಗ
ಅಚ7 ಾ ರವರ ಮ ೆDಂದ ನಮq ಮ ೆ>ೆ ಬಂ ದು*, ನ]ೆದ ಘಟ ೆಯ ಕು ತು ತುಂUಾ >ಾಬ ಾಗೂ
ಭಯ ಂದ Gಾ ಗೂ ೇbರುವm ಲL.
ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು ತಮq ಇ£Áì÷Ö>ಾJr Xೆಲಸದ ಸ ಾಯXಾ;+ ನನ>ೆ ಅವರ
ಮ ೆ>ೆ ಬರುವಂ’ೆ ಬಲವಂತ ಾ#,ಾಗ, ಾನು ಸ ಾಯ ಾಡಲು ೆಚುs ಉತು5ಕ ಾ+ *ರ ಲL, ಆದKೆ
ೕವm ತOಾ’+ Tbದು, ನನ(ನು( =ೋ ಾ ತನದ ೋಗುTಲLEೆಂದು -ಾ%), ಅಚ7 ಾ Oಾ@ೕ
ರವ >ೆ ಸ ಾಯ ಾಡಲು ನನ(ನು( ಅಚ7 ಾ ರವರ ಮ ೆ>ೆ ಕಳ\_)ರು’ಾKೆ. ನಂತರ ಾಂಕ:
17.05.2020 ರಂದು ಅಚ7 ಾ Oಾ@ೕ ರವರು ಪ,ೇ ಪ,ೇ 1ೕ#ಸುTದ* ಂದ ಾನು ಅಚ7ನ ರವರ
ಮ ೆ>ೆ ೋ,ಾಗ ಅಚ7 ಾಳ ಮ ೆಯ L ಇ ೊ(ಬv SೆJೕGಾ ಎಂಬ ಇರುವmದನು( ೋ# ಾನು
ಸುರwತEಾ+ರುವm,ಾ+ Uಾ%) ಮ’ೆ ಅಚ7 ಾಳ ಮ ೆ>ೆ ೋ+ರು’ೇ ೆ. ಆದKೆ, ಅಚ7 ಾ ತನ(
ಮ ೆಯ Lದ* SೆJೕGಾ ರವರನು( ೊರ>ೆ ಕಳ\_), ನಂತರ ಅಚ7 ಾ Oಾ@ೕ ರವರು ನ ೊ(ಂ >ೆ
ಅನುhತ ವತ7 ೆಯನು( ಪmನKಾವT7)ರು’ಾKೆ. ಈ ಸಮಯದ L, ಅಚ7 ಾ ನನ(ನು( ತ0vXೊಂಡು
-ೆನ(ನು( ಮುಟNಲು OಾJರಂ•)ರು’ಾKೆ. ನನ( ಬ?ೆNಗಳನು( ‘ೆ>ೆಯುವಂ’ೆ ಒ’ಾD) ಮತು ಅವಳ\ ಸlತಃ
%ವಸŸ>ೊಳಂ#ರು’ಾ8ೆ. ಅಚ7 ಾ ಮ’ೆ ಬಲವಂತEಾ+ ನ ೊ(ಂ >ೆ ೈಂ+ಕ nJ^ ಾಡುವಂ’ೆ
ಒ’ಾD)ರು’ಾKೆ. ಅಚ7 ಾ Oಾ@ೕ ರವರು ಬಲವಂತEಾ+ ನನ( …ಶ(ವನು( ತನ( -ಾDಯ L
‘ೆ>ೆದುXೊಂ#ರು’ಾKೆ. ‘ಾನು ಾ#ದ*ನು( Gಾ ಗೂ ೇಳ-ೇಡ ಎಂದು ನನ>ೆ ಮನವ Xೆ ಾ#, ಈ
%yಾರ Gಾ ಗೂ ೇಳ-ೇಡ ಇಬv ಗೂ ‘ೊಂದKೆGಾಗುತ,ೆ ಎಂದು ನನ>ೆ ೇbದ* ಂದ ಾನು ಈ
%yಾರವನು( Gಾರ ಬb ೇbರ ಲL, ಆದKೆ ನನ>ೆ ಇTyೇ>ೆ ಅಚ7 ಾ Oಾ@ೕ ರವರು ನ ೊ(ಂ >ೆ ಆ
ೕT ೈಂ+ಕ nJ^ ನ]ೆ)ರುವmದು ಬ>ೆu ಪ,ೇ ಪ,ೇ •ಾಪನ ಾ#Xೊಂಡು, ನನ( ಮನ)5>ೆ -ೆ•ಾರು
ಆ+, zನ(‘ೆ>ೆ ಒಳ>ಾ+ರು’ೇಂದು ನ]ೆದ ಘಟ ೆ ಬ>ೆu Tb) ನ]ೆದ ಘಟ ೆ ಬ>ೆu ನಮ>ೆ Tb)ರು’ಾ ೆ.
ನಂತರ ಾವm %yಾರ Tbದು ಆoತXೆ; ಒಳ>ಾ+ದು*, ನಂತರ ನಮq ಮಗನನು( ಕೂಡ ೇ
ಾಂಕ: 25.03.2024 gÀAzÀÄ ದು-ೈನ Lರುವ nL ಕ ಾನ)ಕ ತ Kಾದ ]ಾ. _-ಾ ಹ0ೕ¡ ರವರ
nL e ನ L hn’ೆ5>ೆ ಒಳಪ#) Pˤì°AUï ªÀiÁr¹ aQvÉìUÉ ಒಳಪ#)ರು’ೇEೆ. ಾನ)ಕ ತ Kಾದ
]ಾ. _-ಾ ಹ0ೕ¡ ರವರು ¸ÉÊPÁAiÀiÁnæPï xÉgÁ¦ ªÀiÁrgÀÄvÁÛgÉ.
45
ನಂತರ ನಮq ಮಗ >ೆ ಆ+ರುವ ‘ೊಂದKೆ ಬ>ೆu ಾಗೂ ನನ( ಮಗನನು( ೈಂ+ೕಕ
ಉ,ೆ*ೕಶಗb>ೆ ಬbPÉ ಾ#Xೊಂ#ರುವ ಅಚ7 ಾ Oಾ@ೕ ರವರ %ರುದ‚ ದೂರು ೕಡಲು
T ಾ7 )Xೊಂ#ದು*, ಆದKೆ ನನ( ಮಗ >ೆ Sಾ ಾ ಪ ೕ}ೆಗbದ* Xಾರಣ ಾವm -ೆಂಗಳCರು ನಗರXೆ;
ಬರಲು =ಾದFEಾಗ,ೇ, ನನ( ಮಗ Sಾ ಾ ಪ ೕ}ೆಗಳ\ ಮು+ದ ಬbಕ ಾಂಕ: 16.06.2024 ರಂದು
Xೊhs>ೆ ಬಂದು ನಂತರ ನನ( ಮಗ ೊಂ >ೆ ಾಂಕ: 24.06.2024 ರಂದು -ೆಂಗಳCರು ನಗರXೆ; ನಮq
ಕುಟುಂಬದವರು -ೆಂಗಳCರು ನಗರXೆ; ಬಂದು Zೕಲ;ಂಡ %8ಾಸದ L Eಾಸ ಾ#Xೊಂಡು ಘಟ ೆ ಬ>ೆu
ೆ .ಎ.ಎ ೕ !ಾ"ೆಯ L ದೂರು ,ಾಖಲು ಾ#ರು'ೇEೆ.
2020 ೇ =ಾ ನ Zೕ-ಜೂ2 Tಂಗbನ L ಾವm Eಾಸ%ದ* ಆದಶ7 %=ಾ ಕಮು @ ಯ L
% ಾL ನಂ-127 ರ L Eಾಸ%ದ* ಆಚ7 ಾ Oಾ@ೕ ರವರು ನನ( ಅOಾJಪ ಮಗ ಾದ xxxxx 17 ವಷ7
ಾಗೂ ಕೃತF ನ]ೆ,ಾಗ ಆತ >ೆ 13 ವಷ7 ಈತನನು( ಬಲವಂತEಾ+ ಆತನು ಇನೂ( ಅOಾJಪನು ಎಂದು
Tb ದ*ರೂ ಸಹ ಆತ ೊಂ >ೆ ೈಂ+ಕ ಸಂಪಕ7 ಾ# ಅ ಾನುಷEಾ+ ನ]ೆದುXೊಂಡ ಅಚ7 ಾ
Oಾ@ೕ ರವರ %ರುದ* Xಾನೂನು ೕತF ಕJಮ ಜರು+ಸಲು Xೋ ನನ( ಮುಂದುವKೆದ ೇbXೆಯನು(
ೕ#ರು’ೇ ೆ.
'ನನ( ಸಮ ಮ'
ಕನ(ಡದ L ?ೈ` ಾ#ದ*ನು(, ಇಂ+L¢ -ಾಷ>ೆ
ತಜು7Z ಾ#) Xೇb,ೆ ಸ D,ೆ
¸À»/- 20/7/24 ¸À»/-
(CdgÀĢݣï)
¦.L"
The mother recounts with a heavy heart that though the
harrowing incident transpired in the year 2020, it did not fall
upon the family’s knowledge until 2024, when they were
residing in the UAE. When the son gently guided through a
course of intensive therapy and psychotropic counseling at
Dubai, began the narration long and painful journey. The
entire narration is made by the child. In the light of those
deeply compelling circumstances, the complaint is
46
registered. All the afore-quoted would lead the Police to file a
charge sheet against the petitioner. The summary of the charge
sheet as obtaining in column No.17 is as follows:
“17. Xೇ)ನ ಸಂwಪ =ಾKಾಂಶ
,ೋ£ಾKೋಪ”ಾ ಪ@Nಯ Xಾಲಂ 14 ರ L, ನಮೂ )ರುವ =ಾw-01 ರವರು =ಾw-02, 03, 04
ರವKೊಂ >ೆ ºÉ .ಎ.ಎ , ¥Éưøï !ಾ”ಾ ಸರಹ *ನ ಬಸವನಗರ, ನೂF KಾಮಯFKೆ#:, ೇಔ4,
XಾEೇ )‡ೕ4, ನಂ, 9/10, ರ L ಕ8ೆದ ಒಂದು Tಂಗಳ\ಗbಂದ Eಾಸ ಾ#Xೊಂ#ದು*, ನಂತರ =ಾw-1
& =ಾw-3 ರವರು ತಮq ಮಕ;ಳ _ತ ದೃŒNDಂದ ಮಕ;b>ೆ ಮೂಲಭೂತ =ೌಲಭFಗಳ\ ಾಗೂ ±ÉÊ tÂಕ
Eಾ’ಾವರಣ ಉತಮEಾ+ರ ೆಂದು Tೕ ಾ7 ), 2018 ೇ =ಾ ನ ಆಗ N Tಂಗbನ L ತಮq
ಕುಟುಂಬವನು( %•ಾನ ನಗರ Zೖ2 KೋY, ಬಸವನಗರ, ಆದಶ7 %=ಾ, ಕªÀÄÆå @ಯ % ಾL, ನಂ,
132/ ಎ ರ ಮ ೆ>ೆ …ŽN ಾ# EಾಸEಾ+ದು*, Xಾಲಂ ನಂ. 12 ರ L ನಮೂ )ರುವ ಆKೋ1’ೆಯು
ಕೂಡ ಅ,ೇ ಆದಶ7 %=ಾ ಕಮು @ಯ % ಾL ನಂ, 127 ರ L EಾಸEಾ+ದು*, ಸದ ಆದಶ7 %=ಾ
ಕಮು @ಯ L Eಾಸ ಇರುವ ಮ_8ೆಯKೆಲLರೂ =ೇ ಒಂದು Eಾ?ಾ5Ž ಗೂJ` nJ^ೕ4
ಾ#Xೊಂ#ದು* ಸದ Eಾ?ಾ5Ž ಗೂJ` ನ L ಕªÀÄÆå @ಯ ಮ_8ೆಯರು Zೕ=ೇ” ಗಳನು( Sೇ‹
ಾಡುವmದು ಾಡುTದು*, 2020 ೇ =ಾ ನ ಾ 7 Tಂಗbನ L, =ಾw-1 ರವ >ೆ ಆKೋ1’ೆ
Eಾ?ಾ5Ž ಗೂJ` ಮೂಲಕ ಪ ಚಯEಾ+ ಆKೋ1’ೆಯು ತನ>ೆ ಆ47 ¥ÉÊnAg ಾ# ಅವmಗಳನು(
ಇ2 =ಾN>ಾJಂನ L ೕ N ಾಡುವ ಾಗೂ ‘ಾನು Eಾಸ ಾಡುವ % ಾL ನಂ. 127 ರ €ಾ •ಾಗದ L
ನು>ೆu XಾD ಾಗೂ ಇತKೆ ತರXಾ ಗಳನು( ‘ಾ ೇ -ೆ8ೆದು ಅವmಗಳನು( ಆದ‹ಶ %=ಾ % ಾLಗಳ Lನ
Eಾ)ಗb>ೆ ಾKಾಟ ಾಡುವm,ಾ+ Tb)zÀÄÝ ನಂತರ ಾಂಕ: 30/03/2020 ರಂದು ಆKೋ1’ೆ
ಅಚ7 ಾ Oಾ@ೕ ರವರು =ಾw-1 ರವ >ೆ ಸಂಪಕ7 ಾ# ‘ಾನು ತನ( ಮ ೆಯ L ನು>ೆu XಾD
-ೆ8ೆ ದು* ಮ>ೆ -ೇXಾದ L ಬಂದು ‘ೆ>ೆದುXೊಂಡು ೋ+ ಎಂದು Tb)ದು*, ನಂತರ =ಾw-1 ರವರು
ತನ( ಮಗ ಾದ =ಾw-2 ರವರನು( ಆKೋ1’ೆ ಮ ೆ>ೆ ೋ+ ನು>ೆu XಾDಯನು( ಆAiÉÄÌ ಾ#Xೊಂಡು
ಬರಲು Tb),ಾಗ =ಾw-2 ರವರು ಆKೋ1’ೆಯ ಮ ೆಯ L, ನು>ೆuXಾD ‘ೆ>ೆದುXೊಂಡು ಬಂ zÀÄÝ,
ನಂತರ ಆKೋ1vÉAiÀÄÄ =ಾw-1 ರವ >ೆ ಮq ಮಗ =ಾw-2 ರವರು ತುಂ-ಾ ಬು¢Þವಂತ ಾ+ದು*, ತಮq
ಮ ೆ>ೆ ಪJT ನ ಕಳ\_) ನನ>ೆ ನಮq ಕªÀÄÆå @ಯ % ಾLದ Eಾ)ಗb>ೆ ನು>ೆu XಾD ಾKಾಟ
ಾಡಲು ಸ ಾಯEಾಗುತ,ೆಂದು Tb)ದು*, =ಾw-1 ರವರು ತನ( ಮಗ ಾದ =ಾw-2 ರವ >ೆ ªÀåªÀ ಾರದ
•ಾನ ಬರುತ,ೆ ಎಂದು Tbದು & ಆKೋ1’ೆ>ೆ ಸ ಾಯ ಾ#zÁÝ>ೆ ಆಗುತ,ೆಂದು Uಾ%), =ಾw-2
ರವರನು( ಆKೋ1’ೆಯ ಮ ೆ>ೆ ಕಳ\_)ರು’ಾKೆ. ನಂತರ 2020 ೇ =ಾ ನ Zೕ Tಂಗbನ L
ಆKೋ1’ೆಯು =ಾw-1 ರವ >ೆ ಕKೆ ಾ# ‘ಾನು Xೆಲವm ಆ47 ¥ÉÊA@ಂg ಾ#ದು*, ಅವmಗಳನು(
47aೕ?ೋ ‘ೆ>ೆದುXೊಂಡು ಇ2 =ಾN>ಾJಂನ L ಅ` ೋY ಾಡಲು ಮq ಮಗನು( ತನ( ಮ ೆ>ೆ
ಕಳ\_), ತನ>ೆ ಸ ಾಯEಾಗುತ,ೆ ಎಂದು ೇbದು*, =ಾw-1 ರವರು =ಾw-2 ರವರನು( ಆKೋ1’ೆಯ
ಮ ೆ>ೆ ಕಳ\_)zÁÝಗ, ಮ ೆಯ L. ಆ47 ¥ÉÊA@ಂg ಗಳನು( ಇ ಸ ಾ+ರುವ ಮಹ#>ೆ ೋಗುವ
dದಲು ಆKೋ1’ೆಯು ತಮq ಮ ೆಯ ಮುಂUಾಗದ -ಾ+ಲನು( ಾe ಾ#ದು*, ಆKೋ1’ೆ
aೕ?ೋಗಳನು( ‘ೆ>ೆದು ಅವmಗಳನು( N ಾಡುವmದಕೂ; dದಲು =ಾw-2 ರವರ Xೈಯನು( ಮು@N,
‘ಾನು ತುಂ-ಾ ಇಷNಪಡುTರುವm,ಾ+ ಚುಂ0), ಆKೋ1’ೆಯು =ಾw-2 ರವರನು( -ೆY ರೂಂ>ೆ
ಕKೆದುXೊಂಡು ೋ+ ಆತನ ಬ?ೆNಗಳನು( ‘ೆ>ೆದು, -ೆತಲು>ೊb), ಆತನ €ಾಸ+ Uಾಗಗಳನು(
ಅನುhತEಾ+ ಮು@N, Xಾಂ]ೋr ಾn ತನ>ೆ ತೃ1GಾಗುವವKೆ>ೆ ೈಂ+ಕ nJ^ ನ]ೆ)
ದುರುಪ¤ೕಗ ಪ#)Xೊಂ#ರು’ಾ8ೆ. ಈ %ಷಯವನು( Gಾ ಗೂ ೇಳಕೂಡ,ೆಂದು =ಾw-2 ರವ >ೆ
ೇb ಕಳ\_)ರು’ಾ8ೆ. ನಂತರ ಾಂಕ: 17.05.2020 ರಂದು ಪmನಃ ಆKೋ1’ೆಯು =ಾw-2 ರವರನು(
ತನ( ಮ ೆ>ೆ ಕKೆD)Xೊಂಡು =ಾw-2 ರ ZೖZೕ ದ* ಬ?ೆNಗಳನು( ‘ೆ>ೆದು ‘ಾನು %ವಸŸ>ೊಂಡು
ಬಲವಂತEಾ+ =ಾw-2 ರವ >ೆ ೈಂ+ಕ nJ^ ಾಡುವಂ’ೆ ಒ’ಾD), =ಾw-2 ರವರ …ಶ(ವನು( ತನ(
-ಾDಯ L ‘ೆ>ೆದುXೊಂಡು ೈಂ+ಕ ,ೌಜ7ನFEೆಸ+ರು’ಾKೆ, ನಂತರ ಆKೋ1’ೆಯು =ಾw-2 ರವ >ೆ
ತನ( ಮ ೆಯ L ನ]ೆದ ಬ>ೆu Gಾ ಗೂ ೇಳದಂ’ೆ Tb)ದು*, =ಾw-2 ರವರು ಆ ಸಮಯದ L ಆoತ
)pTಯ Lದು*, ಭಯ ಂದ ಈ %ಷಯವನು( Gಾ ಗೂ ೇbರುವm ಲL, ನಂತರ 2020 ೇ =ಾ ನ ಆಗ N
Tಂಗbನ L, =ಾw-1 ರವರು ತಮq ಮಕ;8ಾದ =ಾw-2 & =ಾw-4 ರವರುಗb>ೆ ೆhsನ %¥ಾFUಾFಸ
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The narration in Column No.17 supra is in complete detail as to
what has transpired between the petitioner and the victim boy.
16. In the teeth of the afore-narrated horrendous facts, the
issue would be whether the submission of the learned senior
counsel for the petitioner would merit acceptance. Submissions are
made that victim boy of 14 years and the petitioner being 48 years
cannot become the subject matter of the provisions of the Act. The
submission is sans countenance on a plain interpretation of Sections
3 and 5 supra. When the allegations in the complaint, the
staements recorded and the summary of the charge sheet
are examined through the lens of statutory ingredients, it
becomes clear that the boy in question may not have
performed the act of penetration on his own volition. The
allegation is that the act, woman manipulated or induced the
child to penetrate her, this is a circumstance that falls
squarely within the ambit of the words in the statute “make
49
the child to do so with her or any other person”. Therefore,
this court is of the firm and reasoned opinion that all
statutory ingredients of offence under Section 3 stand
fulfilled in the present case. To suggest otherwise would be
to adopt a reading of the law that is not only narrow and
technical but also antiethitical to its remidial purpose. The
Act is designed not to serve anatomical formality but to
protect the child from sexual abuse. This intent of the
legislature cannot be subverted through strained and
restrictive interpretations. Therefore, the ingredients of the
offence are clearly met in the case at hand for an allegation under
Sections 4 and 6 of the Act against the petitioner.
17. It is matter of public record as supported by
empirical data that 54.4% of children reporting sexual
assault are boys while 45.6% are girls. This statistical reality
underscores a critical truth that sexual violence is not
confined to one gender. A seminal study conducted as early as
in 2007 had already highlighted the above said disturbing trend and
as submitted by the learned counsel for the respondents such
50
instances have only escalated expotentionally in the years.
Therefore, the report of 2007 and its graphic interpretation is
necessary to be noticed. It reads as follows:
“6.2.3 Forms of sexual abuse of children
Sections 6.2.1 & 6.2.2 discuss severe and other forms of sexual
abuse collectively. This section discusses individual forms of
sexual abuse.
6.2.3.1 Sexual assault:
For the purpose of this study, sexual assault means penetration
of the anus, vagina or oral sex. Out of the 12,447 child
respondents, 5.69% reported being sexually assaulted. The
study conducted by RAHI has also reported a 6% figure for
severe sexual abuse (4% penetrating anus or vagina and 2%
oral sex). Another study titled Sexual Abuse of Street Children
brought into an observation home found that over 15% of the
boys in the institution reported penetrative sexual abuse and
the maximum proportion of abuse was reported in the age
group 8-10 years (42.9%).
Of all the children reporting sexual assault, 54.4% were
boys and 45.6% were girls. Out of the total children
reporting sexual assault, 37.82% were in the age group
of 15-18 years, 36.53% in the age group of 5-12 years
and remaining 25.64% in the age group of 13-14 years.
Within the age groups, the highest percentage of sexual
assault (7.72%) was reported by children in the age
group of 15-18 years followed by 5.57% in the age group
of 13-14 years and 4.52% in the age group of 5-12 years.
Further, in-depth analysis of data on sexual assault of
children within different age groups revealed that
16.48% children were in the age group of 6-10 years.
This abnormally high percentage of sexual assault of very
young children is a matter of concern and needs
immediate attention.
(Emphasis supplied)
51
In the light of the aforesaid report about boys being the victims of
POCSO to a large extent, it cannot be said that the offence is
committable only by a man, upon a woman. It is apposite to notice
certain reports, articles and research papers on this aspect. A
research paper on male victims of sexual assault produced by the
Department of Counselor Education and Family Studies, of Texas
Tech University deals with such behaviour aspects. Certain
paragraphs of the study research paper would become necessary to
be paraphrased.
“…. …. ….
During the 1980s, there has been a significant increase in
the amount of litereature on the topic, indicating that AMSV is
not as uncommon as the former paucity of material on the issue
suggested [4,24]. The incidence and prevalence of sexual
assault against adult men, the reasons behind it, and the
psychology underlying victims’ involuntary sexual reactions are
all covered in this article’s examination of the literature. Due in
part to the misconception that the victim’s erection or
ejaculation during the assault constitutes permission, the legal
system has been reluctant to offer male sexual assault victims a
legal redress, despite the increased awareness of these crimes
[4,24].
Although the literature on sexual violence against women
is laudable and although it has provided a foundation upon
which to explore male victimization [25,26], the latter is an
experience that is worthy of investigation. Even though adult
male sexual violence (AMSVo) is becoming more widely
acknowledged as an issue, the literature unanimously agrees
that there is a dearth of information on the subject when
compared to information on female victims [27].
52
This article provides a review of the literature on AMSV.
First, we provide the back-ground for our literature search and
criteria. Next, a discussion of the numerous definitions is offered
on AMSVO and related terms. We examine the literature related
to prevalence and barriers for men to report incidents of sexual
violence. Biases and misconceptions which impact both the
reporting of an incident and response to men who are victims of
sexual violence are explored in depth. Research is provided on
typical male responses to sexual victimization, populations of
men most at risk and risk factors to being violated, the
emotional impact on men, help-seeking by men, and
implications for treatment to equip counselors with required
knowledge on AMSV and to empower them to address
challenges facing male victims. Finally, the limitations of this
review and recommendations for future directions in this
research field are outlined.
…. …. ….
Currently, there have been several definitions used to
define sexual assault. Isely and Gehrenbeck-Shim (1997)
defined male sexual assault “as any non-consensual sexual acts
perpetrated against a man, 16 years or older, by a male or
female” (p. 160) [32]. In 2020, the Department of Justice’s
(DOJ) definition of sexual assault included a range of
victimizations and was separate from rape or attempted rape. It
includes attacks or threatened attacks involving unwanted
sexual contact between victim and offender, with or without
force; grabbing or fondling; and verbal threats. Additionally,
they define rape as the “penetration, no matter how slight, of
the vagina or anus with any body part or object, or penetration
by a sex organ of another person, without the victim’s consent”
(https://www.justice. gov/archives/opa/blog/updated-definition-
rape; accessed on 28 March 2023) [33]. The World Health
(WHO, 2002) expands the definition beyond physical contact:
“any sexual act, attempt to obtain a sexual act, unwanted
sexual comments or advances, or acts to traffic, or otherwise
directed, against a person’s sexuality using coercion, by any
person regardless of their relationship to the victim, in any
setting, including but not limited to home or work” [27,34].
…. …. ….
53
4. Barriers to Reporting AMSVo
Male and female victims may decide not to disclose
information to protect a friend or family member, out of concern
of retaliation by their attacker, and out of concern that they will
be blamed personally for their victimization [42,49]. Men may
also choose not to report if they have issues with their sexuality.
Men are more likely to encounter reporting issues relating to
their sexuality given that they are more likely to be victims of
other men. Men who have not publicly acknowledged that they
are anything other than heterosexual may choose not to report
for fear of having to come out. In addition, heterosexual men
who were assaulted by other men might not come forward for
fear of having their sexual orientation revealed. Another specific
rape distortion that affects men is the belief held by the public
and healthcare professionals that men cannot be raped [35].
Men may opt not to complain if they are simply going to be
informed that what occurred to them did not occur an
invalidation of their experience. A lack of knowledge regarding
the physiologic reaction to attack and the fact that erection or
orgasm can occur even in traumatic situations may contribute to
this belief. This false notion may not only prevent people from
believing that men may be abused, but it may also prevent men
from recognizing victimization when it does.
.... .... .... 4.1. Blaming the AMS Victim
Male victims are perceived to carry a level of blame for
not resisting their attacker. Others may question how a man can
achieve and maintain an erection and sexually perform if the
sexual encounter is a coercive situation. Smith and colleagues
(1988) a assess 77 men and 89 women who made a series of
judgments about two randomly cases as if they were on a jury
[68]. A MANOVA analyzed a 2 (sex of victim) x 2 (sex of
assailants) x (sex of subjects). The attributions of victim
responsibility found that men were more likely to be assigned
blame than female victims. They also found that when the
assailant was a female less impact was reported than a male-to-
male act. It is hypothesized that if men become aroused and
sexually respond to the perpetrator, they wanted and enjoyed
it. Given the strong feminist theoretical paradigm and feminist
54
ideology [69], women are classified as victims and men as
offenders. Javaid et al. highlight this point by noting some
feminists reject male rape to validate women’s experience of
sexual violence by viewing men as solely offenders [51]. The
perceived minimal force needed to overpower female victims
mitigated the perceived impact on men. Male victims note that
the implication is that “the use of force determines concern
about victimization” (p. e20).
Male victim bias perpetuates victim blaming. Specifically,
the acceptance of male rape was a strong predictor of victim
blaming, suggesting that acceptance of stereotypical ideas
about male rape means that a person is more likely to engage in
male victim blaming behaviors. This is of concern, particularly
as it is likely that these falsehoods regarding male rape are
accepted widely [70], as confirmed within this study with high
levels of acceptance of certain misconceptions or false beliefs on
male rape. This finding is supported by Kassing et al. (2005)
and Johnson et al. (2006) [65,66].
4.2. Accusations of Homosexuality against Adult Men
Another masculine-related misconception is that men are
sexually assaulted by homo-sexuals, perpetuating the false
belief that sexual violence is about sex and only committed by
homosexual men and victims are primarily homosexual
[51,71,72]. Similarly, it is often thought that women do not
assault men, leaving the perpetration of male sexual vic-
timization to men. Accepted stereotypes that homosexuals
solely assault men and only gay men are victims facilitate the
inaccurate understanding and poor handling of male victims
[51,71,72].
4.3. Female Perpetrators of AMSVo
The first systematic report on adult male victims was by
Sarrel and Masters (1982) who interviewed men who reported
women perpetrating sexual assault [24]. The researchers noted
psychological distress, post-trauma reactions, and impaired
sexual functioning. Later studies found that gay men are more
likely than women to have pro-victim judgements and endorse
male rape falsehoods, including victim blaming [56,57,66].
55
…. …. ….
8. The Emotional Impact on Male Victims
8.1. Mental Health Problems
In the search focusing on male sexual victimization,
distinct differences between male and female survivors began to
emerge. As a result of victimization, men may experience a
profound emotional disruption. Psychologically, victimization is
especially trauma-producing for men [42,116]. Walker and
colleagues interviewed 40 male rape survivors, leading to a
detailed and descriptive analysis of the impact of the assault on
men [56,57]. During the incident, men reacted with freezing,
fear, helplessness, and sub-mission. About 27% reported that
they fought back without success. In the aftermath of the
assault, they identified both short-term and long-term effects.
Studies have also identified higher rates of mood disturbances,
anxiety, suicidal ideation and behavior, non-suicide self-injury,
grief and loss reactions, drug abuse, somatic problems sleep
difficulties, sexual difficulties, increased changes in self-
perception, social dysfunction, stigma, shame, lower self-
esteem, hostility, fantasies about revenge, and an increase in a
sense of vulnerability [41,53,56-58,89,116,123-125]. Post-
traumatic stress disorder and rape trauma syndrome have also
been noted. Self-blaming also affects how people respond to the
victim, being perceived as less well-adjusted and more
responsible for the rape than those who do not
[32,114,126,127].”
The afore-quoted research paper is indicative of barriers reporting
male sexual abuse and accusations of homosexuality against adult
men. In the light of the preceding analysis, as also the
report/research articles quoted hereinabove, would clearly indicate
that even boys and men are victims of sexual assault at the hands
56
of either the person of the same gender or of the opposite gender.
Therefore, on all the praedictus analysis, the ingredients of Sections
4 and 6 of the Act are completely met in the case at hand. The
issue is answered accordingly.
Issue No.4:
(iv) Whether delay in registration of the crime, has
vitiated the entire proceedings?
18. The complaint, the statements, the charge sheet and the
statement of the mother are all extracted hereinabove. The mother
recounts the incidents that transpired in the year 2020 and
contends that the victim was in a state of shock even to reveal
what has happened and has garnered courage to come forward and
narrate the agonizing incident to the mother. The offences as
mentioned hereinabove are grave. Delay in reporting such grave
offences is not uncommon. The mind of a child sometimes is in
a state of shock and in such state would not adhere to legal
clocks. The trauma endured is invisible and insidious, and such
trauma may sometimes lead to silence, which may span years.
57
Once clarity and courgage converged, the child has overcome the
silence of the years, and has narrated the events to the mother.
The mother then flies back to India and registers the crime at which
point in time, the victim was still 17 years. Therefore, in cases
where the ingredients of sexual assault and penetrative
sexualassault of a victim, be it a boy or a girl, who was tramatized
at a tender ge of 13½ years would not naturally gather courage to
report the incident that is considered a taboo in the society.
Therefore, delay as projected by the learned senior counsel for the
petitioner, would not vitiate the proceedings particularly, owing to
the boy becoming a victim of alleged grievous offence. In fact,
delay of the proceedings, is at best a matter of evidence. Whether,
delay would be justifiable or unjustifiable is a matter of trial. The
proceedings cannot be obliterated on the score of delay in
registering a crime of this kind, when the narration in the
complaint, the statement of the victim and the statement of the
mother depict vivid and gory details of the incident or incidents, as
the case would be. Whether delay in a case concerning the
offences under the Act can be considered to quash the proceedings
in exercise of jurisdiction under Section 482 of the Cr.P.C., bears
58
consideration by different High Courts. The High Court of Calcutta
in the case of SHREEKANT SHARMA v. STATE OF WEST
BENGAL2, has held as follows:
“…. …. ….
16. The prosecution argues that there was a delay in
filing the FIR because the victim was not believed by her own
father when she informed him about the activities of his accused
uncle. As soon as the first incident occurred during the festival
of Rakshabandhan, 2018, she informed her father without delay,
but he accused the victim of being a liar. As a result, when she
was again assaulted after Diwali, 2019, she did not tell her
father. Moreover, she did not inform her mother as she was
going through matrimonial disputes for a long time and she
herself was a victim of domestic abuse. But eventually when the
victim confided in her brother and both of them went to confront
their father, he assaulted his son and filed a complaint against
them. They were made to sit in the police station for long hours
as they went to complain and threatened there as well. After
this incident, their own father lodged a complaint against them.
The victim confided in her mother only after she decided to
return to her matrimonial home as the MoU failed to reach a
logical conclusion. She confided in her mother as she was afraid
that she would have to go back to that place where she was
assaulted twice. Therefore, there are enough reasons why there
was a delay in FIR.
17. The learned Counsel then argued that the consent not
given for medical examination should not be a ground for
quashing the FIR against the accused. In this particular case of
sexual assault no penetrative act done by the accused on both
occasions. On the first occasion, the accused touched the
breasts and private parts of the victim without consent and on
the second occasion, the victim was forced by the accused to
touch his private parts. Therefore, it is apparent that medical
examination by the doctor cannot prove whether these acts had
2
2023 SCC OnLine Cal 1961
59
been committed by the accused. This reason cannot be cited for
quashing the FIR and investigation against the accused persons.
18. Having heard the counsels for both the petitioners
and the complainant/opposite parties, the Court cannot quash
the FIR and investigation under Section 482 of the Code of
Criminal Procedure.
19. The counsels for the petitioner/accused, Mr.
Shreekant Sharma argue that he was neither a party nor a
witness to the ongoing dispute between Narayan Sharma and
Jyoti Sharma and that he is caught in the cross-fire between the
parties and that he would never have been accused if the MoU
between his nephew and his wife would have reached a logical
conclusion. However true may that be, it cannot be a reason for
this court to quash the investigation proceedings against him.
The allegation of sexual assault is different and not in any way
related to the disputes between the parents of the victim. The
two incidents of sexual assault, one during Rakshabandhan in
2018 and the other after Diwali in 2019 are not related to the
ongoing matrimonial dispute disputes between the parents of
the victim. The accused perpetrated this alleged heinous act on
the victim when her mother was out of the station on both these
occasions. Moreover, it is not that the accused was not at all
involved with the family of the victim. Firstly he was a close
relative of the victim, being the uncle of his father, Narayan
Sharma and secondly, both the accused and his father were in
the same profession, therefore, they were frequently in contact
for matters related to their profession. In her statement
recorded on 01.08.2021, the victim said that the accused used
to visit her house twice every week. Therefore, it would be
completely wrong to say that the accused was not at all involved
in the family’s affairs as his place of residence was different, as
it is apparent that he visited the victim’s house multiple times.
20. Next the issue under consideration for this
Court is whether a delay in filing FIR by the victim should
be a cogent reason for quashing the investigation against
the accused and the co-accused. This Court is inclined to
answer in the negative as there is a catena of judgments
by the Supreme Court, as well as High Courts which hold
60
that delay in filing F.I.R. in cases of sexual assault,
should not be equated with other cases to quash
proceedings or hold an accused not guilty. The Supreme
Court, in Satpal Singh v. State of Haryana reported in (2010) 8
SCC 714 held that:
“13. In a rape case the prosecutrix remains worried about
her future. She remains in traumatic state of mind. The family of
the victim generally shows reluctance to go to the police station
because of society’s attitude towards such a woman. It casts
doubts and shame upon her rather than comfort and sympathise
with her. Family remains concern about its honour and reputation
of the prosecutrix. After only having a cool thought it is possible
for the family to lodge a complaint in sexual offences. (Vide Karnel
Singh v. State of M.P. (1995) 5 SCC 518 : AIR 1995 SC 2472;
and State of Punjab v. Gurmeet Singh (1996) 2 SCC 384 : AIR
1996 SC 1393).
14. This Court has consistently highlighted the reasons,
objects and means of prompt lodging of FIR. Delay in lodging FIR
more often than not, results in embellishment and exaggeration,
which is a creature of an afterthought. A delayed report not only
gets bereft of the advantage of spontaneity, the danger of the
introduction of a coloured version, an exaggerated account of the
incident or a concocted story as a result of deliberations and
consultations, also creeps in, casting a serious doubt on its
veracity. Thus, FIR is to be filed more promptly and if there is any
delay, the prosecution must furnish a satisfactory explanation for
the same for the reason that in case the substratum of the
evidence given by the complainant/informant is found to be
unreliable, the prosecution case has to be rejected in its entirety.
[vide State of Andhra Pradesh v. M. Madhusudhan Rao (2008) 15
SCC 582].
15. However, no straight jacket formula can be laid down
in this regard. In case of sexual offences, the criteria may be
different altogether. As honour of the family is involved, its
members have to decide whether to take the matter to the court
or not. In such a fact-situation, near relations of the prosecutrix
may take time as to what course of action should be adopted.
Thus, delay is bound to occur. This Court has always taken judicial
notice of the fact that “ordinarily the family of the victim would not
intend to get a stigma attached to the victim. Delay in lodging the
First Information Report in a case of this nature is a normal
phenomenon” [vide Satyapal v. State of Haryana (2009) 6 SCC
635 : AIR 2009 SC 2190].”
61
21. In State of Himachal Pradesh v. Prem Singh reported
in (2009) 1 SCC 420 : AIR 2009 SC 1010, the Supreme Court
considered the issue at length and observed as under:–
“So far as the delay in lodging the FIR is concerned,
the delay in a case of sexual assault, cannot be equated
with the case involving other offences. There are several
factors which weigh in the mind of the prosecutrix and her
family members before coming to the police station to lodge
a complaint. In a tradition bound society prevalent in India,
more particularly, rural areas, it would be quite unsafe to
throw out the prosecution case merely on the ground that
there is some delay in lodging the FIR.”
22. The Bombay High Court in State of
Maharashtra v. Savala Sagu 1997 Bom CR Cri, 1997 Cri LJ
786 observed that:
“15. We wish to emphasise that any unmarried girl
on account of her bashfulness and the circumstance that not
only her own honour but that of her family was at stake,
would have been extremely reluctant and loath to disclose
to the police, her traumatic experience of being raped. It is
only after efflux of time, when she is able to get over a part
of her trauma, will she think of lodging the FIR. In our view,
no mathematical time limit in lodging an FIR can be fixed in
cases of rape. Courts in such cases should adopt a realistic
approach rather than one which is unimaginative and
theoretical. After all our conduct in life is governed by brass
realities.”
23. In X v. State of Kerala Crl. A. No. 649 of 2021,
decided on 01-07-2022, the Kerala High Court observed that:
“The delay in a case of sexual assault cannot be
equated with a delay in a case involving other offences
since several factors weigh on the mind of the victim and
members of her family. In a tradition-bound society like
ours, particularly in rural areas, it would be quite unsafe to
throw out the prosecution case merely on the ground that
there was a delay in lodging the FIR.”
62
24. In the Supreme Court’s decision of Tulsidas
Kanolkar v. State of Goa, (2003) 8 SCC 590, where the victim of
rape was a mentally challenged person and there was a delay in
reporting the crime, the Court took into consideration the
unusual circumstances while holding the accused guilty and
observed that:
“We shall first deal with the question of delay. The
unusual circumstances satisfactorily explained the delay in
lodging of the first information report. In any event, delay
per se is not a mitigating circumstance for the accused
when accusations of rape are involved. Delay in lodging first
information report cannot be used as a ritualistic formula for
discarding prosecution case and doubting its authenticity. It
only puts the court on guard to search for and consider if
any explanation has been offered for the delay. Once it is
offered, the Court is to only see whether it is satisfactory or
not. In a case if the prosecution fails to satisfactory explain
the delay and there is possibility of embellishment or
exaggeration in the prosecution version on account of such
delay, it is a relevant factor. On the other hand satisfactory
explanation of the delay is weighty enough to reject the
plea of false implication or vulnerability of prosecution case.
As the factual scenario shows, the victim was totally
unaware of the catastrophe which had befallen to her. That
being so, the mere delay in lodging of first information
report does not in any way render prosecution version
brittle.”
25. The victim attained majority on 08.07.2021, but
when the acts of sexual assault were committed she was a child
of 15 and 16 years old respectively. Her statement was recorded
on 01.08.2021 after she turned 18 years old, and therefore this
Court has everyreason to believe that she was fully aware of
what she was saying in the statement, where she described in
quite detail the heinous act committed on her. In her statement,
she says that after the first incident happened, she immediately
called her father and told him everything and instead of
believing her, he totally shut her down and accused her of lying
andhaving a “dirty head who is misunderstanding things”.
Subsequently, the accused also denied everything. At that point
in time, she did not inform her mother as she herself was going
through marital problems. Then again in 2019, a few days after
Diwali, the accused assaulted her again and threatened not to
63
tell anyone. In June 2020, the victim told everything to her
brother and when they went to confront their father for not
believing and supporting her, he allegedly slapped him, after
which her brother took her to the police station where they were
made to sit for long hours and their father and uncle were
called. Hereafter on 04.06.2020, their father Narayan Sharma
registered a FIR against the victim and her brother, due to
which the brother was detained and later released on bail. Then
again on 23.09.2020, accused no. 2 again complained against
his son and his daughter, the victim in Phoolbagan Police
Station. After this, the mother, Jyoti Sharma, the complainant
moved out of her matrimonial home with her three children.
When the accused persons were not complying with the terms
of the MoU and the complainant decided to return back to her
matrimonial home, the victim decided to disclose everything to
her mother as she did not want to go back to the place where
such heinous crimes were committed on her. After this, the
complainant lodged F.I.R. against the accused.
26. Therefore, it is not that the victim did not try to
raise a complaint against the accused after the act was
committed. She at once informed her father, who did not
believe her. Therefore, she could not confide in him again
after she was violated the second time. When she
informed her brother, they were threatened by her father
and his family and when they went to file the FIR in the police
station, they were threatened there as well. Therefore, there
seems to be a cogent reason for the delay in filing the FIR.
Moreover, as seen from the series of cases cited above it
is the opinion of the Courts that the delay in FIR cannot
be a reason for acquitting an accused person and this
Court is of the opinion that technical grounds cannot be
cited as a reason for quashing of the investigation at this
stage in a heinous crime like sexual harassment of a girl
child. There are a plethora of reasons why victims of
sexual assault do not come forward with allegations.
Firstly, they are discouraged from filing F.I.R. and are not
believed by the authorities. This is coupled with the social
stigma that a woman and her family face from society
when such an act is committed against her. More
importantly, sexual harassment and rapes are crimes
which can cause lifelong trauma to the victims and it is
64
impossible to mathematically calculate or prescribe a
time limit as to when a person would recover and would
be comfortable with filing a complaint. This Court is not
inclined to believe the allegations of the accused and
believes that there was sufficient reason which explained
the cause of delay in filing the FIR.
(Emphasis supplied)
A Special Leave Petition filed against the said judgment is also
rejected by the Apex Court. The Calcutta High Court clearly holds
that non-reporting of the offence by the victim or non-registration
of the complaint immediately after the incident, cannot become the
reason for quashment of the proceedings under Section 482 of the
Cr.P.C. I am in respectful agreement with the judgment rendered
by the Calcutta High Court. Therefore, delay in lodging the FIR,
in cases of sexual assault concerning a child, cannot be
equated with the case involving other offences. There are
several factors which weigh in the mind of the victim and the
family members before walking to the police station, to
lodge a complaint. The delay, in the considered view of the
Court, has not and cannot, in the peculiar facts of the case, lead to
obliteration of the proceedings. The issue is accordingly answered.
65
Issue No.5:
(v) Whether non-conduct of a potency test of the
victim has vitiated the entire proceedings?
19. The contention with regard to non-conduct of potency test
of the victim is projected in buttressal of quashment of the
proceedings. Heavy reliance is placed on the concept of potency
test. It is the submission of the learned senior counsel that potency
test is not conducted in the case at hand. Therefore, it is not known
as to whether he had attained puberty or not, or got erection or not
or was capable of penetration or not. This submission is also noted
only to be rejected. The Division Bench of the High Court of
Madras in the case of KAJENDRAN J. v. SUPERINTENDENT OF
POLICE3 has held as follows:
“…. …. ….
21. The above guidelines that have now been issued
sufficiently satisfies the directions issued by us on 07.07.2023
and 14.08.2023. We expect the above guidelines to be strictly
followed and any violation of the same must entile
consequences of initiating appropriate proceedings as directed
by the Hon’ble Supreme Court.
3
2024 SCC OnLine Mad 3319
66
22. In so far as the male potency test is concerned,
the following standard operating procedure has been
issued:
“*Male Potency test need not be
undertaken in a routine manner in all cases
involving sexual offences.
1. If the accused person raises impotency
as a defence, the burden of proof will
be upon the accused person to prove
that he is impotent. Only in such
instances there is requirement for
conducting the potency test.
2. The doctor must in rare cases adopt
invasive methods to find if the man
had consumed any pill or other
medication and committed penetrative
sexual violence where otherwise he is
impotent.
3. Even in cases, as the semen may be
traced in the victim or in her
undergarments etc, it is enough if the
blood sample of the offender is taken
and the DNA is matched. It is not
necessary to draw the semen from the
accused person.”
23. We expect the above procedure to be followed
without any default. The potency test that has been
practiced for a long time without any valid reasons, must
be stopped forthwith and the standard operating
procedure that has been issued pursuant to our orders,
must be strictly complied with.
24. The learned Additional Public Prosecutor submitted
that the details of the 111 cases that have been identified, is in
the process of being collated and the police officers are in the
process of getting in touch with the complainant/parent of the
victim girl to see if they are consenting for bringing to an end
67
the concerned criminal proceedings. We are inclined to grant
some more time in this regard.”
(Emphasis supplied)
The Division Bench holds that male potency test need not be
undertaken in a routine manner in cases involving sexual offence. It
is trite law that such submissions should undoubtedly be tried and
tested in evidence. They cannot become the reason for quashment
of the proceedings in exercise of jurisdiction under Section 482 of
the Cr.P.C. It is at best a ground that can be projected before the
concerned Court. The issue is accordingly answered.
20. Advancing his submissions to their farthest stretch, the
learned senior counsel has sought to impress upon this Court an
archaic notion, that in a sexual intercourse the male is ever an
active agent and the woman forever is a passive recipient. Such a
view, steeped in antiquated stereotypes finds no foothold in the
present day and is therefore, noted only to be rejected, as the law
acknowledges applicability to both man and woman. An intertwined
submission is made that in a state of shock there would be no
erection, and if there is no erection, there can be no penetration.
68
This submission is noted only to be rejected. State of shock is a
psychological concept. Erection is purely a physiological or a
biological concept. Psychological concepts would not
sometimes control physiological and biological actions. The
report covers the aspect of delay, shock and other contentions of
the learned senior counsel for the petitioner.
21. An article published by the Texas University on male
victims of sexual assault: phenomenology, psychology and
physiology would throw certain light on the aspect of male assault
victims and sexual response. The relevant extracts of the report are
germane to be noticed. It reads as follows:
“…. …. ….
Male Assault Victims and Sexual Response
Groth and Burgess noted that a major strategy used
by some offenders in the assault is to get the victim to
ejaculate, which may symbolize to the offender his
ultimate and complete control, may confirm the
offender’s fantasy that the victim actually wanted the
assault, may bewilder the victim and discourage the
victim from reporting the assault, and may impeach the
victim’s credibility of his allegation of nonconsent in trial
testimony. In the words of one of the victims the authors
interviewed: “I always thought a guy couldn’t get hard if
he was scared, and when this guy took me off it really
messed up my mind. I thought maybe something was
69
wrong with me. I didn’t know what it meant and this
really bothered me.” Other studies cite similar anecdotal
evidence of involuntary arousal. Huckle noted that men
were particularly disgusted with themselves if they
ejaculated during the rape. Mezey and King noted: “An
extreme form of loss of control is demonstrated by those
victims who were physiologically aroused while being
terrorized. This would accord with other findings which
suggest that sexual arousal may be provoked by extreme
anxiety” (Ref. 30, p 208). Multiple other authors have
referred to the phenomenon of involuntary arousal and
ejaculation by the male victim of sexual assault. Coxell
and King noted that the legal community has assumed
that a man cannot obtain an erection involuntarily,
however, King and Woollett note that “just under 20
percent of the men were stimulated by their assailant
until they ejaculated. This is a particularly difficult issue
for victims, especially when cases are brought before the
courts… as these events may be regarded as a form of
consent by lawyers” (Ref. 37, p 587).
Indeed, as discussed by Fuchs in his excellent review, the
justice system has been unwilling to provide legal remedy to
male victims of sexual assault. The lack of judicial concern
for male victims appears strongly influenced by the idea
that having an erection or ejaculating signifies consent.
Fuchs cites cases of court opinions in the United States,
United Kingdom, and Canada attesting to the assumption
that penile erection implies consent. For example, in
invalidating New Hampshire’s gender-specific statutory
rape statute under the Equal Protection Clause of the
Fourteenth Amendment, the First Circuit Court defined
sexual contact as “any penetration, however slight,” thus
asserting that prepubescent males are capable of being
sexually assaulted in violation of the statute without
obtaining a full erection. The implication is that a full
erection would signify that the sexual contact was
consensual: The First Circuit “sought only to protect male
victims who maintain partial erections during their
attacks… [males] who are able to maintain full erections
during their sexual assaults would be left without a
cognizable legal remedy” (Ref. 6, p 110). Fuchs cites
instances in the United Kingdom and Canada of cases
70
being dismissed because the victim of a sexual assault
maintained an erection: one where a judge in the United
Kingdom dismissed a case because the victim of a prison
rape admitted that he had an erection while being raped;
another U.K case, in which a judge instructed the jury to
acquit a defendant charged with forcible sodomy, solely
on the basis that the victim had an erection during the
assault, which the judge accepted as a “defense of
submission”; and a Canadian case where a court held that
maintaining an erection may be reasonably interpreted as
consent (Ref. 6, pp 113-14).
.... .... .... Conclusions
Although sexual assault of males occurs much less
frequently than that of females, it is neither rare nor limited to
all-male populations, such as those in jails and prisons. As with
females, sexual assault of males occurs more frequently in the
victim’s second or third decade. The available comparisions
between male and female victims show that male and female
victims are assaulted by strangers at about the same rate, but
that males are more likely to have more than one assailant. The
studies that address the sexual orientation of male victims find
higher percentages of victims who identify as gay, bisexual, or
having consensual sex with men. However, these populations
also tend to be more highly represented in the samples of the
studies where this is shown. Many assaults of males involve anal
rape.
The circumstances in which sexual assaults of men
take place are varied. As with women, men are assaulted
by acquaintances (including recent acquaintances),
lovers, friends, family members, and total strangers. The
motivations of the assailants are varied, and include
demanding sexual gratification from a lover, partner, or
recent acquaintance; exorcising intensely conflicted
feelings about sexual orientation; humiliating the victim,
sometimes as a form of gay-bashing; and exercising
power and control over the victim. An extreme form of
power is expressed in the victims’ having an erection or
ejaculating during an assault. Studies of the physiological
71
mechanisms governing erection and ejaculation suggest
that these can occur in the context of nonconsensual
receptive anal sex. Erections and ejaculations are only
partially under voluntary control and can take place
during times of extreme stress or duress.
It is imperative that attorneys and forensic
psychiatrists base their reasoning on scientific fact, both
phenomenological and physiological. Otherwise, male
victims of sexual assault are confronted by false
assumptions by those whom they must depend on if they
come forward to report such a crime. Such false
assumptions can easily result in disbelief that the event
even occurred, or, if it did, the assumption that it was
consensual, particularly if there is evidence that the
victim experienced an erection or ejaculated during the
assault. The reality is that human physiology explains the
involuntary aspects of both erection and ejaculation.
Understanding of this reality is critical if victims of male
sexual assault are to receive justice in legal settings and
appropriate services in the community.”
(Emphasis supplied)
The report indicates that human mind and body do not obey rigid
binaries of psychological impact controlling physiological result.
Physiological coercion wielding its force may compel the body to
respond even under the shadow of fear. The report further
indicates that the reality is that the human physiology explains the
involuntary aspects of both erection and ejaculation. In that light,
the submission of the learned senior counsel, that when in fear
there cannot be erection and when there cannot be erection, there
cannot be penetration, is sans countenance.
72
22. Therefore, none of the submissions of the learned senior
counsel for the petitioner, however artfully presented or
obfuscating in tenor, persuade this Court to countenance
those contentions. The case stands cloaked in disputed
questions of fact, where the offences alleged strike at the
core of penetrative and aggrevated penetrative sexual
assault, such proceedings cannot be erased with a mere
stroke of pen. The trial, in such cases, is not a perfunctory
ritual, but imperative necessity. It is for the petitioner to come
out clean in its full blown form.
23. Thus, all the arguments raised by the learned senior
counsel for the petitioner would crumble, when weighed
against the bulwarks of the statute, the charge sheet and
the societal need to ensure justice to the voiceless. This
Court cannot snuffout the trial before its inception.
73
SUMMARY OF FINDINGS:
The Act, being a progressive enactment, is intended to
safeguard the sanctity of childhood. It is rooted in
gendral neutrality with its beneficient object being the
protection of all children, irrespective of sex. The Act is
thus, gender neutral.
Sections 3 and 5 which form the foundation for
offences under Sections 4 and 6 of the Act, delineate
various forms of assault. Although certain provisions
may employ gendered pronouns, the preamble and
purpose of the Act, render such usage inclusive.
Therefore, it is inclusive of both male and female.
The ingredients of Section 4 of the Act dealing with
penetrative sexual assault are equally applicable to
both men and women. The language of the provision
clearly indicates inclusivity.
The ingredients of the offences, the ones punishable
under Sections 4 and 6 of the Act, are clearly met in the
case at hand.
Delay in registration of the crime, in the case at hand,
cannot become the reason for quashment of the
74proceedings, owing to the alleged offence and the age
of the victim.
The submissions of psychological impossibility and
absence of potency testing, fall flat in the light of
modern jurisprudence, noted hereinabove.
The submission that psychological trauma cannot result
in an erection would tumble down, in the light of
several studies, that psychological trauma does not
always prelude physiological or biological reactions,
especially ones of coercion and fear.
The submission that, in an intercourse the woman is
only a passive participant and a man is an active
participant is noted only to be emphatically rejected, as
the thought itself is archaic. The jurisprudence of the
present times embraces the livid realities of victims
and does not allow stereotypes to cloud legal scrutiny.
24. Therefore, none of the submissions made by the
learned senior counsel would merit any acceptance, wherefore,
finding no merit in the petition, the petition stands rejected.
75
It is made clear that the observations made in the course of
the order are only for the purpose of consideration of the case of
the petitioner under Section 482 of the Cr.P.C. and does not bind or
influence the proceedings pending against the petitioner before the
concerned Court.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Bkp
CT:MJ