COURT ACQUITTED A MAN FROM SATTARI ACCUSED OF RAPE
Bicholim Police had registered a FIR and filed a charge-sheet u/s 376, 420 of IPC read with section 4 and 8 of the POCSO Act and section 8(1) (2) of the Goa Children’s Act against a man from Sattari for allegedly committing rape on the promise to marry. By an order the Children’s Court had discharged the accused of the offence punishable under section 8 of the Children’s Act and had made over the case to the Sessions Court. The case of the Prosecution before the court was that on the promise to marry the accused had sexual intercourse with the victim in the cashew plantation at Kudchire, Bicholim as a result of which the victim became pregnant and delivered a child. FIR was registered against the accused as the accused refused to marry the victim and was denying the paternity of the child born to the victim. In the course of investigation blood samples of the child were obtained for the purpose of DNA fingerprinting, however the report was received after filing charge-sheet. The technical examiner gave a DNA report that the accused is not the biological father of the child and therefore charge only u/s 376 of IPC was framed against the accused by the court. Prosecutrix in her complaint had alleged that the accused had sexual intercourse on the promise to marry with her in the cashew plantation behind her house however after receipt of the DNA report of her child, in the course of her testimony she deposed that the accused use to take her in the cashew plantation behind her house but she is not aware as to what they use to do in the cashew plantation. Considering the DNA report and the testimony of the victim, the accused was acquitted by the court. Advocate Vinayak D. Porob appeared on behalf of the Accused.
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