The Meghalaya High Court recently observed that a 16-year-old adolescent can be considered capable of making a conscious decision with regard to the act of sexual intercourse.
The Court made this observation while quashing a case against a person accused of offences under the Protection of Children from Sexual Offences Act (POCSO Act).
Justice W Diengdoh after looking into the physical and mental development of a minor girl of that age group, said that it is logical to consider that person of that age group is capable of making decisions to the act of sexual intercourse.
The Court further said, “This Court looking into the physical and mental development of an adolescent of that age group (referring to minor of around 16 years of age), would consider it logical that such a person is capable of making conscious decisions as regard his or her well-being as to the act of sexual intercourse.“
This matter came to light when the court got to hear a plea under Section 482 of the Code of Criminal Procedure 1973 (CrPC) seeking quashing of a criminal proceeding against the petitioner under two Sections (3 & 4) of the POCSO Act 2012.
When it came to the background of the petitioner, the Court came to know that he was working at various households, during his work he came acquainted with the minor girl and fell in love with each other.
On January 18, 2021, when the girl had gone shopping with her cousin sister, she met the petitioner. Then they both went to his house where he introduced the girl to his parents. Afterward, they went to the Petitioner’s uncle’s house where they spent spend the night. During their stay, they came closer and got into the act of sexual intercourse.
Next morning, when the girl’s mother came to know about the matter, she lodged a First Information Report (FIR) against the petitioner under Section 363 of the Indian Penal Code (IPC) and also Sections 3 & 4 of the POCSO Act 2012.
Aggrieved, the petitioner moved the present plea before the High Court in order to quash the case filed against him.
The petitioner argued that there is no element of sexual assault involved, as the survivor herself stated in her statement clearly under Section 164 CrPC and in her deposition before the Court, that she is the girlfriend of the petitioner and they got into the act of sexual intercourse with their consent; no force was involved.
Examining the submissions of the petitioner as well as the previous approach of the court in such cases, the Court came to the conclusion that the survivor girl was a minor of 16 years of age, her statement given in favour of the case of the petitioner can still be relevant.
In this case, the Court took reliance of the decision of the Madras High Court in Vijayalakshmi and Another v. State Rep. by Inspector of Police, All Women Police Station (2021), and observed that taking into account the physical and mental development of persons in the age-group of the survivor, it is logical to assume that a person from the same age group is capable of making a conscious decision related to the sexual intercourse.
While quashing the proceedings against the petitioner, the Court stated, “Prima facie, it appears that there is no mens rea involved.”
Source: https://www.barandbench.com/news/litigation/meghalaya-high-court-quashes-pocso-case-boyfriend-16-year-old-girl-capable-decision-sex
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