16-year-old can take decisions on sex: Meghalaya HC quashes FIR
1 min read 25 Jun 2023, 06:15 PM ISTMeghalaya High Court quashes FIR alleging sexual assault against a minor, stating the 16-year-old was capable of making independent decisions regarding intercourse.
PremiumThe Meghalaya High Court has quashed an FIR alleging sexual assault against a minor. The court said that a 16-year-old was capable of making independent conscious decisions when it came to sexual intercourse. The complaint had been filed by the girl's mother under the POCSO Act, with the defendant claiming that it was a "purely consensual" turn of events.
“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 decision as regard his or her well-being as to the actual act of sexual intercourse," LiveLaw quoted the Bench as stating.
The petioner contended that he and the alleged victim were in love, and had engaged in a consensual physical relationship. He had reportedly worked in several households and met the minor girl at her uncle's residence.
The 16-year-old's mother had filed a complaint the next day alleging sexual assault. The petitioner however told the court that the minor girl had disclosed in her statement and testimony that she was the petitioner's girlfriend. He also submitted her assertion that their intimate relations had occured with her consent and without any force being exerted.
The court admitted that the minor's statements were in favour of the petitioner after examing the relevant statements and submissions.
