JUDGMENT :

PRITHVIRAJ K. CHAVAN, J.

1. 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 alongwith 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 victim. Ruby and victim spent the evening together. They visited number of restaurants where both consumed alcoholic drinks. They returned to Bean Me Up Restaurant around 00.30 hours of 18.2.2008. Victim left Bean Me Up Restaurant by informing Ruby that she was returning to Siolim. The victim was thereafter seen in front of Luis Cafe, a shack, Govekar wada, Anjuna around 03.00 hours. When she reached Luis Shack she was intoxicated and her gait was not steady. She was wearing red sleeveless vest and blue shorts. She requested those who were present at the shack that she did not have money to go to Siolim. It is the case of the prosecution that despite knowing the fact that the victim was in an intoxicated condition and was minor, respondent no. 1 Samson D’Souza offered her an alcoholic drink which she had consumed on the spot. The intention of respondent no. 1-Samson was to commit rape/child abuse/sexual assault upon the victim. It is alleged by the prosecution that both the respondents and one Murli Sagar were sniffing cocaine lines and were consuming alcoholic drinks. The intention of the respondent no. 1-Samson to administer intoxicating drug to the victim was to incapacitate her so that he could commit crime in which respondent no. 2 Placido Carvelho alias Shana aided and abetted the commission of said crime.

4. It is alleged by the prosecution that in pursuance of the same, respondent no. 1-Samson and respondent no. 2-Shana had spread cocaine lines on the plate kept uncovered on the table and made the victim sniff the cocaine lines. The victim thereafter had consumed beer. Respondent no. 1-Samson had carried two Ecstasy tablets from the bar counter of the shack and went to kitchen which he intended to give to the victim in order to commit rape/sexual assault/grave sexual assault upon the victim. PW-14 Murli Sagar, who was in the shack at the relevant time assured the victim to drop her at Curlies Restaurant, however, respondent no. 1-Samson, with the criminal intention of sexually abusing the victim, made PW-14 Murli Sagar to believe that he would drop her at Curlies Restaurant. He took disadvantage of an intoxicated condition of the victim due to the consumption of cocaine lines, Ecstasy tablets and drinks, outraged her modesty and committed grave sexual assault. After committing the offence, respondent no. 1-Samson hurriedly left his orange coloured chappals at the scene. He subsequently destroyed the said evidence.

5. According to the prosecution the respondent no. 1-Samson was seen committing crime at the wee hours on 18.2.2008 behind Luis shack and in front of the chapel situated near Luis Restaurant at Govekar Wada, Anjuna by PW-14 Murli