PANAJI
A Karnataka native, Mahammada Sadik Mulla, accused of kidnapping and raping a minor, will undergo trial for the rape charges, following the directives of the Fast Track Court on Monday.
During the charge framing hearing, the prosecution submitted prima facie evidence that the accused had committed rape on the victim girl, however, no evidence was found on record regarding the kidnapping allegation against him.
The chargesheet revealed that the mother of the victim did not provide any information about the kidnapping. The statement of the victim, although not considered due to her being a minor at the time of the offense, was also devoid of details regarding the alleged kidnapping.
To support their arguments, the Court was informed that there was a friendly relationship between the victim and the accused. The Presiding Officer of the Fast Track Special Court (POCSO), Durga Madkaikar, observed that the accused was not only the victim's neighbour but also from her native place.
According to the complainant-mother's statement, the accused frequently visited their residence, and the victim girl would willingly go with him without objection. It was the same on the day of the alleged crime too. The complainant even consented to a marriage proposal between her daughter “ the victim in the case - and the accused.
Based on the arguments, the Court observed that while there is prima facie material on record indicating that the accused had sexual intercourse with the victim girl, resulting in her pregnancy, there is no such material regarding the kidnapping allegation.
Consequently, the Court ruled that the accused must answer the charges under Section 376 (rape) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act.
