Meghalaya High Court: Quashed POSCO Case Against Boyfriend, 16-Year-Old Capable Of Making Conscious Decision About Sex

The Meghalaya High Court in the case John Franklin Shylla v. State of Meghalaya and Another observed and has held that the 16-year-old is capable of making a conscious decision with regard to an act of sexual intercourse, wherein the court quashed an FIR for offences under section 3 and section 4 of POCSO Act which pertains to penetrative sexual assault on a minor.
The bench headed by Justice W. Diengdoh in the case observed that the said court is looking into the physical and mental development of an adolescent of that age group, while referring to minor of around 16 years of age, would consider it logical that such a person being capable of making conscious decision as regard his or her well-being as to the actual act of the sexual intercourse.
In the present case, the bench was hearing the plea seeking for quashing of an FIR for offences claimed under the Protection of Children from Sexual Offences Act that the act was not a case of sexual assault but was purely being a consensual act as the petitioner and the alleged victim were in love with each other.
In the present case, the petitioner was employed in various households and he became acquainted with the alleged victim. It has also been alleged in the plea that they went to petitioner’s uncle’s house where they engaged in sexual intercourse.
Therefore, the mother of the minor girl filed the First Information Report, FIR against the petitioner as stated Section 363 of the Indian Penal Code, 1860 and the and Section 3 and Section 4 of the Protection of Children from Sexual Offences Act 2012.
The petitioner in the plea submitted before the court that the alleged incident does not constitute sexual assault since the survivor herself explicitly disclosed in her statement as stated under Section 164 of the Code of Criminal Procedure and during her testimony in court that she being the girlfriend of the petitioner. Further, the victim affirmed that the sexual intercourse took place with her consent and there was no employment of force involved.
The court while considering the fact and circumstances of the case determined that the survivor’s statement in support of the petitioner’s case, despite her being a minor at approximately 16 years of age.
The court also observed the ruling of Madras High Court in the case Vijayalakshmi and Another v. State Rep. by Inspector of Police, All Women Police Station, 2021, wherein the court concluded that considering the physical and mental development of individuals in the survivor’s age group, it being reasonable to presume that they are capable of making informed decisions with regards to sexual intercourse.
Accordingly, the court quashed the proceedings against the petitioner stating that there is no mens rea involved