16-Yr-Old Capable of Taking Decision about Sexual Intercourse: Meghalaya HC

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

With this observation, the High Court quashed a First Information Report (FIR) for offences under the Protection of Children from Sexual Offence (POCSO) Act.

The Meghalaya High Court was hearing a case filed under sections 3 and 4 of the POCSO Act, relating to penetrative sexual assault on a minor.

The accused pleaded before the court that the act was not a case of sexual assault but was purely consensual as the petitioner and the alleged victim were in a romantic relationship.

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.”