PANAJI
Procedural lapses including police stock witnesses’ depositions, failure to submit the rape victim’s medical records, as well as her subsequent withdrawal from pursuing the matter led to the acquittal of a man charged with rape in February 2020
Anthony Selby Fernandes was acquitted by the Fast Track Court (POCSO) due to various flaws highlighted in the prosecution’s case among which was the deposition of two panch witnesses who had testified in over 100 cases handled by the Mapusa police.
According to the case details, the accused and the complainant were in an alleged relationship and raped her under the false pretext of marriage. The victim, during the trial, however, expressed reluctance to testify stating she wishes to settle in life and relocate abroad.
The Court observed that the witness eventually turned hostile and was hence cross-examined by the prosecution.
During the hearing, it was revealed that two persons who testified in the case had acted as panch witnesses in over 100 cases for the Mapusa police earlier.
After considering arguments from both the prosecution and defence, the Court concluded that the complainant had not provided any incriminating testimony against the accused and pointed out several deficiencies in the prosecution’s case.
“Her (victim) testimony is full of contradictions which are material contradictions that go to the root of the case. The prosecution has examined only two witnesses and no material witnesses are examined. No attachment panchanama is on record. The prosecution has not brought on record the medical report of the victim. Pancha to the scene of offense panchanama is not examined. Moreover, they are the stock witnesses of the police. There is no other evidence on record to establish the guilt of the accused beyond reasonable doubt. The victim refused for medical examination,” noted the Presiding Officer Durga Madkaikar.
The Court ordered the man’s acquittal stating ‘there is no iota of evidence on record to prove the case of the Prosecution beyond reasonable doubt.’
