Case Title: John Franklin Shylla vs State of Meghalaya

A division bench of Justice W Diengdoh of Meghalaya High Court while quashing the proceedings against the petitioner (man) who is accused of offence under the POCSO Act (Protection of Children from Sexual Offences Act), held that 16-year-old adolescent can be considered as capable of making a decision about sexual intercourse.

Justice held that the physical and mental development of a minor of that age group, it is logical to consider them as capable of making decisions as to the act of sexual intercourse.

“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 conscious decision as regard his or her well-being as to the actual act of sexual intercourse”.

The man was working at various households, where he met the minor and they fall in love. Thereafter, when the minor had gone for shopping with her cousin sister, she met the petitioner (man) and both of them went to his house where he introduced the minor to his parents.  

Both of them then went to petitioner’s uncle house where they had sexual intercourse.

After knowing the same, the minor’s mother went before the police station to lodged a complaint against the petitioner under section 3&4 of the POCSO Act and section 363 of the Indian Penal Code.

It is noted by the bench that victim herself stated in her statement that she is the girlfriend of the petitioner and they had sexual intercourse with her consent. Hence, there is no element of sexual assault involved in the said act.

After examining the submissions, the bench came into the view that though the victim is minor but her statement clearly favoring the petitioner.

Hence, while quashing the proceedings against the petitioner, the bench stated that no mens rea involved in the case.