The incident took place in April 1992. There is no suggestion that the incident has had adverse effect on her. She was the prime mover, she invited the accused, her age mate, to the sexual intercourse. She had sexual experience before, while accused, himself a young person of 12, had no experience of sexual intercourse. At the time they lived in the same house.
Today accused still attends school and has been of good character.
These are extraordinary mitigatory considerations. I shall also take into account that it took 6 years for the case to be tried. Further I take into account, section 14 of the Penal Code, providing for criminal responsibility or absence of it during immature age. Accused at the age of 12 years at the time of the offence was just one year older from the age of under 12 years which is the dividing age, between legally immature and mature ages for purposes of criminal responsibility. Upto the age of under 8 years a person is not criminally responsible, that is liable for his actions.