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
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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
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