Panaji, September 27: A Fast Track Special Court (POCSO), Goa, has acquitted a man accused of sexually assaulting a 16-year-old girl after finding that the prosecution evidence did not meet the standard required for a conviction beyond reasonable doubt.
The Court pronounced the judgment on September 23, 2026, in Sessions Case (ORS) No. 71/2023, arising from FIR No. 02/2023 registered at Colva Police Station. The accused had faced charges under Section 354 of the Indian Penal Code and Section 8 of the POCSO Act.
The allegations related to two incidents allegedly occurring on December 18 and December 22, 2022. According to the prosecution, the accused had engaged in inappropriate touching during the first incident and had sexually assaulted the minor in a kitchen during the second incident.
The accused denied the allegations and claimed that the case arose against the backdrop of a matrimonial dispute involving the victim’s sister and her husband.
During the trial, the prosecution examined eight witnesses, including the victim, relatives, a housemaid and investigating officers. The defence examined three witnesses and produced WhatsApp communications, photographs, a wedding invitation and other material.
Public Prosecutor Smt. S. Nagvenkar argued that the victim’s testimony was supported by other evidence and established the prosecution case. Advocate Ms. Vahida Yelgar, appearing for the accused, disputed the prosecution version and pointed to contradictions, omissions, delay in lodging the complaint and evidence supporting the accused’s alibi.
The accused’s alibi assumed importance in relation to the alleged incident of December 22. The prosecution version indicated that the incident occurred when the victim was allegedly alone in the kitchen. The accused maintained that he was not present at the relevant place as he had attended a wedding with the victim’s sister.
The Court examined the evidence of the wedding host and the victim’s sister and considered the wedding invitation and photographs produced by the defence. The photographs showed the accused and the victim’s sister attending the wedding. After evaluating this material, the Court accepted the defence version regarding the accused’s presence at the wedding on December 22.
The Court also scrutinised the evidence concerning the first alleged incident. The victim’s nephew was relied upon as an eyewitness, but the Court considered the communications between him and the accused after the alleged occurrence while assessing the prosecution version.
The judgment also records differing versions concerning when the victim’s mother was informed about the alleged incident. The Court considered these inconsistencies while assessing the credibility of the evidence.
The timing of the complaint was another circumstance examined by the Court. The alleged incidents were stated to have taken place on December 18 and December 22, 2022, whereas the complaint was lodged on January 11, 2023. The Court found that the delay in approaching the police had not been satisfactorily explained.
The Court also considered the matrimonial dispute involving the victim’s sister and the competing explanations advanced by the parties regarding the circumstances in which the allegations came to be made.
On an overall assessment of the evidence, the Court found material discrepancies and circumstances which created reasonable doubt about the prosecution version. The Court observed that the testimony of a victim in a sexual offence case can form the basis of conviction where it inspires confidence, but the evidence must withstand judicial scrutiny as to its reliability and consistency.
The Court further concluded that the accused had successfully rebutted the statutory presumption under Section 29 of the POCSO Act.
With the prosecution failing to prove the charges beyond reasonable doubt, the Court answered the relevant points for determination in the negative and acquitted the accused of the offences under Section 354 of the IPC and Section 8 of the POCSO Act, extending to him the benefit of doubt.
