The Meghalaya High Court has recently quashed a case registered under the Protection of Children from Sexual Offenses Act, saying that a 16-year-old girl is capable of making a conscious decision about sex. According to the case, the victim and the accused were known to each other. According to the complaint, the accused took the victim to his uncle's house and sexually assaulted the minor by keeping him there overnight. The next day, the victim's mother filed a complaint against the accused under section 363 of the IPC and the POCSO Act. Acting on the basis of this complaint, the police has submitted the charge sheet in the court after investigation. On the basis of the charge sheet, the Special Judge (POCSO) has taken cognizance of the crime. Meanwhile, the accused under Section 482 Cr.P.C.Filed a petition in the High Court demanding cancellation of all proceedings pending in the court including F I R. The petitioner said that the sexual intercourse took place with the consent of the victim and there was no sign of force.This has been confirmed by the victim herself in her statement recorded before the Magistrate under Section 164 of the CrPC. The victim has categorically stated that the accused is her lover, being her lover and girlfriend, they had sexual relations. The petitioner said that the incident of alleged sexual intercourse in this way does not fall under the category of sexual harassment. After considering the statements of the victim and the arguments of the petitioner, the court concluded that persons in the age group of the victim are at that stage of physical and mental development in which they are capable of taking a conscious decision regarding sexual intercourse. It is the age at which the sex hormones secreted by the endocrine glands are highly motivated to have sex. Considering these facts, the court referred to a Madras High Court judgment (Vijayalakshmi and others v. State Rep.
