MANJUNATH KOLI Vs. STATE OF GOA

JUDGEMENT

(1.) The applicant is seeking bail in Crime No. 1 of 2022 registered with Women Police Station, Panaji, for offences under Ss. 376, 376(2)(j), 376(2)(n), 312, 313 and 315 of Indian Penal Code (IPC), Sec. 8(2) of Goa Children's Court Act and Ss. 4 and 12 of The Protection of Children From Sexual Offences (POCSO) Act.

(2.) The case of the prosecution is that the victim girl was minor at the time of incident and got acquainted with the applicant-accused. There was physical relationship between them. The victim was pregnant. Pregnancy was terminated. Complaint was lodged by the mother of the victim. Statement of the victim girl was recorded under Ss. 161 and 164 of The Code of Criminal Procedure, 1973,(Cr.P.C.). On completion of investigation, chargesheet was filed.

(3.) Learned Advocate for the Applicant submitted that the Applicant is in custody from 14/4/2022. The Applicant is not having criminal antecedents. Investigation is complete. Chargesheet was filed. Subsequently, trial had commenced. The evidence of the victim girl was recorded. She has not supported the prosecution case. The victim has categorically stated that the Applicant is not the person who subjected her to sexual assault. Further detention of the Applicant is not necessary. The Applicant is willing to stay out of the jurisdiction of Bicholim, where the victim is residing. No complaint was filed at the instance of the victim or any of her family members against the Applicant or his family members alleging that the victim was threatened in any manner by them.