Benefit of doubt leads to acquittal in 2013 minor’s rape
Panaji: Thirteen years after a rape case was registered under the Pocso Act, a special court in Panaji has acquitted Mouvin Goes, extending him the benefit of doubt after key prosecution witnesses, including the survivor and her mother, failed to support the case during trial.
The court noted that the survivor’s mother, who had lodged the complaint in 2013, turned hostile, while the survivor herself retracted her earlier allegations during cross-examination. In her initial statement, the survivor had said she became friendly with the accused, who allegedly took her to a lodge and raped her. However, during cross-examination, she claimed that the statement was made up.
“Ultimately, the prosecution has to prove its case beyond reasonable doubt. In the present case, the panchanama allegedly conducted at the lodge has not been proved,” the court observed,
“Likewise, the mother of the victim has also turned hostile. Apart from the weak evidence of the victim, which she has retracted during cross-examination, there is no material to suggest that the accused had sexual intercourse with the victim,” said presiding officer of the fast-track Pocso court, Pooja Kavlekar.
“Ultimately, the prosecution has to prove its case beyond reasonable doubt. In the present case, the panchanama allegedly conducted at the lodge has not been proved,” the court observed,
“Likewise, the mother of the victim has also turned hostile. Apart from the weak evidence of the victim, which she has retracted during cross-examination, there is no material to suggest that the accused had sexual intercourse with the victim,” said presiding officer of the fast-track Pocso court, Pooja Kavlekar.
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