Meghalaya High Court quashes POCSO case on lover: says 16-year-olds are capable of deciding whether having sex is right or wrong

The Meghalaya High Court quashed a case registered against a man under POCSO and released him. The Shillong Bench was hearing the petition of the accused, who sought quashing of the FIR registered under POCSO.

Accused John Franklin claimed that he had not sexually assaulted the minor, but both had consensual physical relations as they were in love.

Justice Diengdoh, while delivering the verdict, said that there was no offense involved. A 16-year-old minor is capable of deciding whether having sex is right or wrong.

what was the matter
According to the report of Live Law, the accused John Franklin used to work in many houses. During this he met his girl. After this, both of them made physical relations with the consent of John’s relative’s house. When the girl’s mother came to know about this, she lodged an FIR against John. John was booked under sections 3 and 4 of the POCSO Act 2012.

John appealed against this in the High Court. John said that this is not sexual assault, as the minor has said during her statement under Section 164 of CrPC and testimony in the court that both are lover and both had consensual relations. There was no use of force involved.

Cited the decision of the Madras High Court
The Meghalaya High Court cited a judgment of the Madras High Court in 2021. In the case of Vijayalakshmi v/s State All Women Police Station, the High Court had said that minors are physically and mentally capable. So it is right to assume that you can decide to have a physical relationship.

Appeal to the Legislature – make necessary changes in the POCSO Act
During the hearing, the Meghalaya High Court appealed to the legislature that necessary changes should be made in the law, in particular the POCSO Act, to keep pace with the changing social needs. Considering the physical and mental development of all juveniles of 16 years, the court will say that such a person is capable of taking a right-wrong decision regarding his well-being.

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