Court cites prima facie evidence
PANAJI
The Fast Track Special Court (POCSO) at Panaji has rejected the bail application of an 18-year-old accused in a case of kidnapping and sexual assault of a minor, citing prima facie evidence and the preliminary stage of the investigation.
The order was passed by Presiding Officer Durga Madkaikar. The accused was arrested on December 13 following a complaint filed by the victim’s father, who alleged that his 16-year-old daughter was kidnapped from his lawful guardianship.
During the course of the investigation, the minor was traced to Karnataka, rescued, and brought back to Goa. According to the prosecution, the victim stated that the accused had sexual intercourse with her. It was also submitted that the medical examination revealed hymenal tears.
The prosecution opposed the bail plea, stating that the accused is a native of Karnataka with no permanent address in Goa and that there was a possibility of him absconding or influencing the victim and her family. The defence submitted that the relationship was consensual and argued that both the accused and the victim were young.
The court observed that the victim was a minor at the time of the alleged offence and held that the custodial presence of the accused was necessary for the purpose of investigation. The court noted that the investigation was still at an early stage and rejected the bail plea.
