In an interesting judgment, the Bombay High Court held that a girl is deemed to be mature and an adult on the ground that she had not informed her mother about an ongoing relationship.
The observations were made while acquitting a man on the charge that he had engaged in forceful sexual intercourse with the minor. The prosecution had placed on record the school register to support its contention that the girl was a minor.
Justice Sunil Shukre however did not accept the contention and said that there was proof that the registration was done on the basis of admissible evidence.
The court was told that the girl was in a relationship with the man for one year. Further, the court was also appraised about the fact that the girl had not disclosed the relationship to her mother. The parents only realised that something was wrong when she missed her monthly periods, the court was also told.
The court said that the conduct of the girl are indicators of the maturity and levels of understanding. She was mature enough to fully know the consequences of her acts. She proceeded further in the matter and had sexual intercourse with the appellant several times.
Further, it was not the girl who disclosed the matter to her mother. In fact, it was the mother who made the girl speak about the same. Hence I would infer that she was not a child at the relevant time. She was not a child or a minor and had either become a major of on the verge of becoming one, the court also said.