KENNETH MANUAL REMEDIOS Vs. POLICE INSPECTOR

JUDGEMENT

(1.) Heard Mr. K. Kerkar, learned Counsel for the petitioner and Mr. S. G. Bhobe, learned Public Prosecutor for the respondent.

(2.) The challenge in this petition filed under Article 226 of the Constitution of India and Sec. 482 of Cr.P.C. is to an order dtd. 5/5/2022 in Special Case No.3/2021 refusing to discharge the accused. The impugned order of the Trial Court dtd. 5/5/2022 reads thus:- Perused records heard arguments. The involvement of the Accused who has his hotel and allowed the victim who is a minor to stay in his hotel along with Varun Nayyar who is alleged to have sexually assaulted the victim who is a special needs child during lockdown period without registering the child victim as staying in that hotel room with family or related by blood. At this state prosecution has made out a prima facie case for framing charges against the Accused under sec 188 of IPC and Sec. 8 and 10 (b) of Goa Children's Act 2003.

(3.) An offence was registered with the Porvorim Police Station bearing Crime No. 111/2020 under Sec. 363, 376 of IPC, Sec. 8(2) of Goa Children's Act 2003, Sec. 4, 5(k) and 8 of the Protection of Children from Sexual Offences Act 2012 and Sec. 92 of the Rights of Person with Disabilities Act, 2016 against the prime accused Mr. Varun Nayyar.