PANAJI
The Fast Track Court under the POCSO Act has discharged two persons accused of rape, citing the absence of conclusive evidence to establish that the victim was a minor at the time of the alleged offence.
FTC Presiding Officer Durga Madkaikar observed that the prosecution failed to produce the victim’s birth certificate while the ossification report submitted was deemed incomplete.
“The birth certificate of the victim is not produced on record. The report of medical examination for assessment of age produced on record shows that as on August 28, 2024, the victim was more than 17 years and less than 25 years of age. No final ossification report is produced on record. Even if the DNA is proved in the absence of age proof of the victim no charge can be framed against the accused,” reads the order.
The case was based on a complaint filed by the mother of the victim when she found her daughter was four months pregnant. The prosecution relied on a DNA report, which was positive.
However, the court held that even if the DNA report was proven, no charges could be framed against the accused in the absence of concrete proof that the victim was below 18 years of age.
“There is nothing on record to show that the victim was less than 18 years old as there is no birth certificate produced on record nor the ossification report is complete as the victim is not examined by the Medical Board. Although the DNA report is positive in the absence of any evidence to show that at the time of the offence, the victim was below 18 years of age,” the order stated.
The defence counsels, during the argument, submitted to the court that there were no independent witnesses and no evidence to establish the victim was a minor at the time of the incident. Finding merit in the argument, the court discharged both the accused under Section 64 (rape) of the BNS Act and Sections 4, 6 and 8 of the POCSO Act.
