Rape Accused Granted Bail After Police Fail to Prove Victim’s Age

Swift Summary:

• A fast-track special POCSO court in Goa granted bail to a man accused of rape due to police lapses in producing evidence.
• Police failed to provide the victim’s birth certificate or conduct an ossification test, leaving her age unverified despite her statement claiming she is 17.
• The accused allegedly raped the victim in August 2022 after taking her to his home under the pretext of childcare duties and threatening harm if she disclosed the assault.
• The case came to light when the victim delivered a baby that later expired due to weakness while traveling out of Goa with her mother in May 2025.
• The court noted procedural lapses,including failure under Section 50 of CrPC,where an arrested person must be informed about the grounds for arrest. No remand request copy was shared with either the accused or his sister.

Indian Opinion Analysis:
The ruling highlights critical shortcomings in investigative and administrative procedures concerning sensitive cases involving minors and sexual assault allegations under POCSO Act provisions. Procedural lapses-such as failing to document essential evidence like a birth certificate or conducting an ossification test-can severely undermine prosecution efforts and result in setbacks for victims seeking justice, as seen here.

Further implications arise around adherence to legal protocols protecting defendants’ rights,specifically informed arrests (CrPC Section 50 compliance). This balance between safeguarding prosecutorial integrity while protecting both parties’ legal rights emphasizes India’s need for enhanced judicial monitoring mechanisms.

Read more: Times of India