XXXXXX Vs. STATE OF GOA

JUDGEMENT

(1.) Registry to waive office objections and register this matter.

(2.) This is a petition filed by a victim seeking cancellation of bail granted to the Respondent No.3 who is Accused No.1 in Crime No. 135/2024 registered at Anjuna Police Station on 5/10/2024 pursuant to which charge-sheet No.137/2024 was filed on 30/11/2024, pending trial before the Fast Track Special Court (POCSO) at Panaji bearing No. 8/2025. The charge-sheet alleges commission of an offence by the Accused No.1 and Accused No.2 under Ss. 328, 376 and 354-A IPC.

(3.) The case as set out by the victim in her complaint which is dtd. 4/10/2024, was that she had travelled to Goa from Pune, with her mother on 21/6/2024 for a holiday and whilst attending a party at a hotel at Vagator, on 22/6/2024 with her friend Viola, they were joined by Viola's friends, Accused No.1, Accused No.2 and one Sadiq. After they had a few drinks which were prepared by Accused No.1, she felt disorientated, the victim records that she suspected that Accused No.1 might have spiked her drinks. She also states that the Accused No.1 started making advances towards her which she rebuked. She then states that she was losing consciousness due to the alcohol and only remembers that Accused No.1 took her to the isolated area outside the hotel, forcefully disrobed and had sexual intercourse with her against her wish. She also states that she was totally helpless and became unconscious.