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2019 Supreme(Bom) 2444

R.D.DHANUKA, PRITHVIRAJ K.CHAVAN
Central Bureau Of Investigation, Special Crime Branch – Appellant
Versus
Samson D''souza – Respondent


Advocates Appeared:
Mr. Ejaz Khan, Special Public Prosecutor, for the Appellant; Mr. S.G. Bhobe and Mr. R. Menezes, Ms. G. Almeida and Mr. Nigel Fernandes, Advocates. Mr. S. Pinto and Ms. D. Tulkar, Advocates. Mr. Vikram Varma, Advocate for mother of Victim Ms. Fiona Mackeown, Advocate, for the Respondent

JUDGMENT

Prithviraj K. Chavan, J. - Feeling aggrieved with and dissatisfied by the impugned judgment and order of acquittal dated 23.9.2016 passed by the President, Children''s Court, Panaji in Special Case No.15/2008, the Central Bureau of Investigation (for short "CBI") has preferred this appeal under section 378(2) of Code of Criminal Procedure, 1973 (for short "Cr.P.C.) amongst following facts and grounds.

2. Respondents/original accused nos.1 and 2 have been acquitted by the learned Trial Court of the offences punishable under Sections 328, 354, 304(ii), 201, 109 of Indian Penal Code(for short "IPC") read with Section 8(2) of the Goa Children''s Act, 2003.

3. The prosecution case, as emerged from the record, is as follows:-

    A British minor girl (victim) came to India as a Tourist along with her mother and 8 siblings. She was aged about 15 years and 8 months at the time of incident. She was residing in Silolim, Bardez Goa with her Indian boy friend namely Julio Lobo. On 17.2.2008 her mother and other siblings left for Gokarna in Karnataka. On the same day at about 8.30 p.m victim went to Bean Me Up Restaurant, Vagator, Anjuna to meet Ms. Ruby Caso, a Spanish girl and a friend of

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