PANAJI
Serious lapses in a sex racket investigation resulted in the acquittal of an alleged kingpin; five years after the Porvorim police raided a bungalow and rescued two victims including a maidservant.
The police’s failure to assign a special officer with a rank no lower than a police inspector, coupled with the prosecution’s failure to record statements of the main victim as well as local witnesses, and the victims’ refusal to undergo medical examination, ultimately led to the acquittal of Joyce D’Souza alias Priya.
The Fast Track Court has instructed the issuing of warrants against two absconding accused, who the police are yet to locate for investigation and subsequent trial. During the trial of the case -- charge sheeted within three months of the registration of the First Information Report (FIR), the Additional Sessions Judge (FTC-I), Panaji Apurva Nagvenkar cited the first lapse about non-compliance of Section 13 of the Immoral Traffic (Prevention) Act during the probe.
“As per Section 13 of ITP Act, the investigation of ITP cases has to be conducted by a Special Police Officer appointed under the Act, who shall not be below the rank of Inspector of Police. In this case, the arrest panchanama and the scene of offence panchanama have been conducted by a Police Officer of the rank of PSI… Hence, the investigation further suffers from noncompliance with Section 13 of the ITP Act,” reads the order.
The FTC also pointed out the absence of independent corroboration of the maid servant’s statement from the main victim of the sex trade and evidence from other local witnesses including neighbours living around the raided premises.
“In this case, the Investigating Officer has also not examined neighbours residing in the vicinity of the house of Accused No.1 (Priya). Therefore, the Prosecution has failed to prove offence under Section 342 IPC beyond reasonable doubt…” the FTC Judge observed while acquitting the accused of all charges under the ITP Act and the Indian Penal Code.
The Court further directed that standing warrants against absconders Milton D’Souza and Humayun be issued; and the matter re-opened once both are traced.
