Prosecution fails to prove charges
The Fast Track Special Court (POCSO) in Panaji has acquitted a man in a rape and child sexual assault case, stating that the prosecution failed to prove the charges beyond reasonable doubt after the victim withdrew parts of her earlier testimony.
FTC (POCSO) Judge Pooja Kavlekar acquitted Mouvin Goes, noting that the decision was mainly based on the victim’s cross-examination, where she retracted key statements made earlier.
The court observed that this denial meant there was no proof of sexual intercourse between the victim and the accused.
The case dates back to July 2013, when the accused was arrested on allegations that he had intoxicated a minor girl, taken her to a lodge and sexually assaulted her.
However, while the victim initially told the court that the accused had forced himself on her, she later said during cross-examination that those statements were made under pressure.
The court noted that although the victim admitted she had gone to the lodge with the accused, she claimed she was forced to make earlier allegations by others.
The court said there was no strong evidence to support the charges, especially after the victim withdrew her claims.
It also pointed out lapses in the investigation, including failure to prove the panchnama at the lodge. The complainant’s mother had also turned hostile during the trial.
