NT NETWORK
Panaji
The High Court of Bombay at Goa has upheld the acquittal of accused Vasikur Rehaman native of Uttar Pradesh in a minor rape case.
The appeal was preferred by the State against the judgment and order dated January 31, 2019, passed by the Children’s Court, Panaji in a special case acquitting the accused of charges under Section 363, 376(2) of IPC, Section 8(2) of the Goa Children’s Act 2003 and offence under Section 5(m) and Section 6 of the Protection of Children from Sexual Offences Act, 2012. It was alleged that on March 12, 2017, from Verla, Canca, Bardez the accused kidnapped the minor daughter of the complainant and allegedly committed rape.
The counsel, Rohan Desai, for the respondent-accused, submitted that the Children’s Court rightly appreciated the evidence on record and there is no error or illegality whatsoever committed by the Children’s Court. He submitted that this appeal is against acquittal and, therefore, this Court has very limited scope to interfere with the order of acquittal.
The High Court Division Bench comprising Justice M S Sonak and Justice M S Jawalkar observed, “Before we conclude, however, we cannot resist observing that the investigation in the present case was rather shoddy and bordered upon casualness. The investigation, particularly where sexual offences are committed against the children, must be undertaken with a great degree of seriousness and sensitivity.”
The High Court also said, “We directed the Director General of Police (DGP) to take cognizance of this matter and to consider whether any action is necessary against the Investigating Agency. Even if the DGP comes to the conclusion that the lapses may not have been deliberate, we direct the DGP to consider whether any training needs to be imparted to the investigating agencies dealing with cases of the offences against children and if so, to take steps to impart such training within a reasonable period, so that the administration of criminal justice does not suffer.”