PANAJI
The prosecution's failure to obtain timely sanction from the Central government to charge sheet an alleged rape accused - for an offence that occurred abroad - has led to his discharge.
The Pernem police had registered an offence under sections 376 (rape) and 377 (unnatural offence) of the Indian Penal Code against Arvind Goja, in April 2020. However, the offence had occurred in the United States in 2011. After an investigation, the investigation team filed a charge sheet in June 2020 but failed to obtain permission under section 188 CrPC to prosecute the accused.
During the hearing on an application before the Fast Track Special Court constituted under POCSO, Goja’s legal counsel argued that no offence was made out while citing that the complaint and the consequent criminal proceedings are “malafide, vindictive and frivolous.”
Moreover, he stated, statements filed along with the chargesheet demonstrated the falsity of the complainant which itself was sufficient to establish that the entire criminal proceedings are frivolous. “The charges levelled against the accused are groundless. The alleged offence was committed outside India. As such this Court cannot take cognizance of the same as mandated under Section 188 of CrPC… there is no sanction from the Central Government,” the counsel argued.
While the prosecution submitted the man was involved in a serious offence, Presiding Officer Durga Madkaikar observed that the gap between the offence -- which occurred in the US, and the complaint -- registered in Goa, was nine years.
“The entire complaint indicates that the incident took place in the United States. The charge sheet was filed on June 26, 2020. Whereas, the sanction under Section 188 of CrPC granted to prosecute the accused is dated November 9, 2023. As such, it is clear from the records that at the time of filling of the chargesheet there was no sanction from the Central Government to file the complaint to prosecute the accused. Hence, there is merit in the arguments of the advocate for the accused that the present complaint filed by the complainant is not maintainable for want of sanction in view of offences alleged to have been committed by the accused in the United States,” the Judge ordered, discharging the Jammu native of the offence.
