A 16-year-old girl is capable of making informed decisions about engaging in sexual intercourse, the Meghalaya High Court said on Wednesday as it quashed a Protection of Children from Sexual Offenses Act case, reported Live Law.
A bench of Justice W Diengdoh was hearing a petition by a person saying that he and the girl were in love with each other. The act of intercourse was not a case of sexual assault but a consensual act, the petitioner said as he sought to quash the first information report filed against him for offences under POCSO.
The petitioner used to work at different households including the girl’s, reported India Legal.
A day after the petitioner engaged in sexual intercourse, the mother of the girl filed a complaint against him. He was booked under Section 363 (punishment of kidnapping) of the Indian Penal Code as well as Sections 3 (penetrative sexual assault) and 4 (punishment for penetrative sexual assault) of the Protection of Children from Sexual Offenses Act.
The petitioner has contended that the act of sexual intercourse does not constitute sexual assault as the girl had said in her statement before a magistrate that she is his girlfriend. He also said that the girl stated the sexual intercourse happened with her consent and that she was not forced physically.
In its order, the High Court concluded that considering the physical and mental development of those in the age group of the girl, it can be presumed that the petitioner and the girl are capable of making informed decisions about sexual intercourse.
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