PANAJI
Holding that a positive DNA report alone could not sustain a rape conviction when the prosecution evidence itself was riddled with inconsistencies, the High Court of Bombay at Goa acquitted a Saligao youth convicted in a sexual assault case.
The Bench of Ashish Chavan, in its order on Wednesday, said it was unable to agree with the reasoning adopted by the trial court and set aside the 10-year sentence imposed on convict Afzal Khan alias Albaz Khan by the Fast Track Special Court (POCSO), Panaji.
The Court noted that although the DNA report was positive and one prosecution witness had turned hostile, the overall evidence failed to prove the offence beyond reasonable doubt.
“The evidence of the victim is corroborated by the owner of the hotel and the waiter. The medical evidence establishes that there was sexual intercourse and the victim was never pregnant prior to this incident. The DNA report is positive. PW4 (victim’s friend) has turned hostile,” reads the order.
The Bench also recorded that the accused had not examined family members of PW4 to establish his alleged relationship with her, but still found the prosecution's case unreliable after examining the facts and law in totality.
“Unfortunately, this Court cannot persuade itself to agree to the reasoning of the learned Trial Court in view of the aforesaid discussion of facts and law,” the High Court observed before acquitting the accused.
The prosecution's case was that the alleged incident took place on July 30, 2023, at a holiday home in Arpora, where the victim had gone with her friend for a day picnic. The victim alleged that after consuming food and beer in the hotel room, she fell asleep and later woke up to find the accused partially nude and lying on top of her.
However, the High Court found major inconsistencies in the victim’s statements. It noted that while the original complaint alleged an “attempt” to commit rape, the subsequent statement under Section 164 CrPC alleged forcible sexual intercourse, and in court the victim claimed both versions were true.
It further recorded that during cross-examination, the victim admitted demanding Rs 5 lakh from the wife of the accused to settle the matter outside court.
