16-year-old can come to a decision on intercourse, says HC, junks Pocso case | Bharat Information

0
16-year-old can come to a decision on intercourse, says HC, junks Pocso case | Bharat Information


SHILLONG: A 16-year-old is able to creating a “conscious decision” about sexual sex, the Meghalaya prime courtroom has held, quashing a Pocso case towards an adolescent accused of assaulting the woman with whom he had a dating, studies Manosh Das. Relating to the Pocso Function, the HC mentioned “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 prompt 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 mentioned.
The boy’s suggest had argued that it used to be no longer a case of sexual attack however a purely consensual operate. The survivor herself disclosed in her observation and all through her courtroom testimony that there used to be disagree drive concerned within the sex, he informed the HC thru his attorney.



Leave a Reply

Your email address will not be published. Required fields are marked *