PANAJI
The Fast Track Court under the Protection of Children from Sexual Offences (POCSO) Act has acquitted a person -- charged with allegations of rape and cheating -- citing lack of conclusive evidence and benefit of doubt.
The court presided over by Durga Madkaikar observed that apart from the victim and the investigating officer's statements, there was no independent evidence to substantiate the prosecution’s case beyond a reasonable doubt.
The case that occurred from January 1, 2018, to July 27, 2024, revolved around allegations that the accused lured the victim into a physical relationship by falsely promising marriage and coerced her into several abortions. The prosecution argued that after these incidents, the accused ultimately refused to marry the victim and a case of rape and cheating was filed against him.
During the trial, the victim stated that she and the accused were now married and living together happily since January 10, 2025. She, however, admitted to filing the initial complaint against him but clarified that it was based on a misunderstanding.
In her deposition, she further stated that she does not wish to proceed with the matter and wants to settle the case. “No one has coerced or forced her to settle the matter,” reads her statement.
Defence counsel contended that the complaint was filed under misrepresentation and that the couple had reconciled, living together as husband and wife.
The court noted that the victim had identified her signatures on relevant documents, including the complaint and medical reports, but her testimony ultimately did not support the prosecution's claims.
Given the lack of substantial evidence, the court ruled that the prosecution had failed to establish the charges beyond a reasonable doubt. As a result, the accused was acquitted of offences under Sections 376 (rape), 420 (cheating) and 493 (cohabitation caused by deceitful marriage) of the Indian Penal Code (IPC) granting him the benefit of the doubt.
