16-year-old can decide on sex, says HC, junks Pocso case | India News

SHILLONG: A 16-year-old is capable of making a “conscious decision” about sexual intercourse, the Meghalaya high court has held, quashing a Pocso case against a teenager accused of assaulting the girl with whom he had a relationship, reports Manosh Das. Referring to the Pocso Act, the HC said “the scheme of the act clearly shows that it did not intend to bring within its ambit, cases …where adolescents or teenagers involved in romantic relationships are concerned”. The HC urged the legislature to “keep pace with the changing societal needs and bring about necessary changes in law”.
“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 a conscious decision as regard his or her well-being as to the actual act of sexual intercourse,” the HC said.
The boy’s counsel had argued that it was not a case of sexual assault but a purely consensual act. The survivor herself disclosed in her statement and during her court testimony that there was no force involved in the intercourse, he told the HC through his lawyer.

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