'16-year-old is capable of making decision about sexual intercourse' : Meghalaya High Court

'16-year-old is capable of making decision about sexual intercourse' : Meghalaya High Court

Yesterday, a single-judge bench of the Meghalaya High Court held that a 16-year-old is capable of making a conscious decision with regard to an act of sexual intercourse.

The court in a said matter, quashed a First Information Report (FIR) for offences under the Protection of Children from Sexual Offence (POCSO) Act.

The court made these arguments while adjudicating a case filed under sections 3 and 4 of the POCSO Act, relating to penetrative sexual assault on a minor.

Earlier, the accused, in his plea before the court, pleaded that the act was not a case of sexual assault but was purely consensual as the petitioner and the alleged victim were in love with each other.

In its verdict, the bench of Justice W. Diengdoh observed, "This court is looking into the physical and mental development of an adolescent of that age group (referring to the minor of around 16 years of age), and would consider it logical that such a person is capable of making a conscious decision as regards his or her well-being as to the actual act of sexual intercourse."

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