The high court had cautioned that there could be no straitjacket formula to be applied.”Therefore, the age of majority as prescribed, must be construed and interpreted in the context of the law for which it is being considered and in a case of this nature, where the minor is certain and unshaken in her opinion and desire, it would not be right and proper for this court to brush aside her views on the ground that she is not 18 years of age as on date and is only 16 years, 10 months, 21 days old,” Justice Singh said.The court observed that it would be harsh and unjust to convict an individual under the POCSO Act without definitive proof of the age of the prosecutrix, especially when the age gap for the minor survivor to attain majority was only one or two years.The court said the legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being.”I advocate for a compassionate approach that prioritises understanding over punishment in cases involving adolescent love,” the judge said.Facts of the case “clearly” indicated to the court that the girl’s willingness to accompany the man and he established physical relations with her consent.The court held the girl’s medical report did not support the prosecution’s case in the absence of injuries of resistance to the sexual act.
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