The North Goa Fast Track Special Court has acquitted a 19‑year‑old man from Uttar Pradesh of charges of rape and child sexual assault, finding that the prosecution failed to prove both the complainant’s minor age and that sexual intercourse was non‑consensual.
According to the prosecution, the incident occurred on the night of 25 August 2023 in a jungle and hilly area at Bhoma, Ponda. The victim’s mother filed a complaint at Mardol Police Station the following day, alleging that the accused had kidnapped her daughter, slapped her, committed forcible sexual acts, and abandoned her on an isolated hill. Police arrested the accused on 26 August 2023; he was granted bail in September 2023.
During trial, the court identified several critical evidentiary gaps that undermined the prosecution’s case. Both the victim and her mother admitted that the victim’s birth had not been officially registered. An ossification test carried out by forensic experts in October 2023 estimated the victim’s age at 18 years (± six months). Applying the standard margin of error in favour of the accused, the court concluded that the victim could have been over 18 at the time of the alleged incident, rendering the provisions of the Protection of Children from Sexual Offences Act inapplicable.
The court also noted that the victim did not state before the court, nor in her medical history, that the intercourse was forcible or against her will. Her medical examination recorded a denial of any threat, violence, duress, or restraint. DNA test reports were negative. Further, certain key investigative materials—an alleged audio recording and call records from a third party mentioned during the proceedings—were neither produced nor verified.
Finding that the prosecution had not established the foundational facts beyond reasonable doubt, the court acquitted the accused of charges including voluntarily causing hurt and rape, as well as specified sections of the POCSO Act, and granted him the benefit of the doubt.
Special Court Acquits 19‑Year‑Old of Rape and Child‑Sexual‑Assault Charges
The North Goa Fast Track Special Court has acquitted a 19‑year‑old man from Uttar Pradesh of charges of rape and child sexual assault, findi
Latest in LEGAL
LEGAL
Court Refuses to Take Cognizance in NDPS Case Due to Discrepancy in Ganja Definition
The North Goa Additional Sessions Court has refused to take cognizance of an offence registered under the Narcotic Drugs and Psychotropic Su
LEGAL
Dhiriyo: High Court Grants DGP 3 Weeks to File Additional Reply on Action Taken
High Court has granted the DGP three weeks to file an additional reply in the Dhirio contempt matter