A 20-year-old engineering student, charged with allegedly raping a 17-year-old, has been granted bail by the Fast Track Special Court (POCSO), Panaji, after spending nearly 20 days in jail.
The student was arrested on August 5 under Section 64 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 6 of the POCSO Act on allegations that he had forcible sexual intercourse with the survivor at his residence in South Goa between March 15 and April 3 this year, which resulted in her pregnancy.
While the prosecution opposed bail, citing the seriousness of the offence and risk of tampering with evidence, the defence argued that the student had no criminal antecedents and a complaint was filed only after the abortion. The accused's lawyer further argued that the student is innocent and is arrested merely on suspicion.
The Court, after hearing both parties, admitted that the complaint was filed after a Zero FIR was registered with the accused having no criminal antecedents. “Even after the lodging of the FIR the victim has sent him messages. Statement under section 164 CrPC speaks for itself. He has roots in Goa though he is a native of Maharashtra,” it stated.
President Officer Durga Madkaikar further noted that the case papers indicated the two were in a relationship and that the victim had undergone an abortion in her second trimester.
Granting bail, the Judge directed the student to furnish a personal bond of Rs 25,000 with surety, report daily to the investigating officer for a month, and refrain from contacting or approaching the victim.
“Most of the investigation is completed as can be seen from the case papers. The record shows that the victim was pregnant for 4 months and the abortion had already been done. Considering the age of the accused and the victim and other circumstances, the application for bail filed by the applicant is allowed,” reads the order, while imposing further conditions such as not leaving the country without court permission, and that any breach of these conditions would invite cancellation of bail.
