Court says allegation of “forcible” sexual intercourse cannot be ignored at preliminary stage
PANAJI
The Fast Track Special Court (POCSO) in Panaji has rejected the bail plea of an 18-year-old accused in a minor’s rape case. The court said the allegation of “forcible” sexual intercourse made by the 16-year-old victim cannot be ignored at this early stage of the case.
According to case details, the victim’s father filed a police complaint alleging that his daughter was kidnapped from his lawful guardianship on November 4, 2025. After she was traced, the victim stated to police under Section 161 CrPC that the accused had forcible sexual intercourse with her after taking her to Karnataka and on an earlier occasion at her residence in Ponda.
The defence argued that in her statement recorded under Section 164 CrPC, the victim described the relationship as a “romance-type relationship” and did not mention rape.
Opposing the bail plea, the prosecution said the victim had clearly used the word “forcible” in her police statement and that her evidence in court is yet to be recorded.
The court observed that the use of the word “forcible” is important while deciding bail. The order stated that since the victim is yet to be examined, the accused cannot be released on bail. The court said the bail application was premature and therefore rejected it.
