On the remaining ingredient, a read through the Section makes it unarguable clear that the subsequent ingredients of the offence after the preceding ingredient of the grossly indecent act, are disjunctive and not conjunctive. In other words, the succeeding ingredients of absence of consent, use of force or threats are in the alternative and not conjunctive as the connecting word used is or and not and. The prove of any one of the listed ingredients of the offence if co-exists with the preceding ingredient of grossly indecent act, completes the offence. The Section (285) provides: Without his (the other persons) consent or by use of force or threats compels a person to 29 join within him in the commission of such act. Thus, to succeed, the prosecution needs not prove all the 3 variables that the other person did not consent to the act, that the accused forced the other person, and compelled the other by threats to join in the commission of the offence. It is sufficient if the prosecution proves either, (a) that the other person did not consent to the act or (b) that the accused person by use of force or threats compelled the other person to join him in the commission of the offence. As to what constitutes consent or when the other person will be said to have given his consent resort must be had to the proviso which provides: Provided that a consent given by a person below the age of sixteen years to such an act when done by his teacher, guardian or any person entrusted with his care or education shall not be deemed to be a consent within the meaning of this Section. It is an admitted and proved fact that the other person who is the victim of the offence, PW6 a girl of about 5 years of age, was by a simple calculation, a person below the age of sixteen 30

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