The Principal District and Sessions Judge, South Goa, Sherin G. Paul, has dismissed the bail application of Shahzad Mohammed Shaikh, accused No 3 and a resident of Khariwadda, Vasco, who was arrested by Fatorda Police in connection with the alleged gang rape of a mentally unsound girl in 2025, an incident that had rocked South Goa.
Counsel for the accused argued that on January 23, 2025, Shaikh received a call from Vasco Police Station directing him to report to Quepem Police Station. Upon reaching Quepem, he was allegedly detained and arrested before any FIR was registered there. The defence contended that the arrest was illegal and violative of the Constitution of India and the BNSS, 2023. It was further submitted that no identification parade had prima facie established his involvement and that he was willing to cooperate and would not abscond.
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The Public Prosecutor opposed the plea, stating that the offence is serious and punishable with rigorous imprisonment of not less than 20 years. It was argued that there was no change in circumstances since previous bail applications and that grounds of arrest were informed to the accused.
The court noted that the victim had disclosed the name of accused No 1, who was traced through a mobile number stored in her phone. Police were duty-bound to trace the remaining accused. The court held that apprehending suspects during investigation does not render the arrest illegal even if no FIR was registered at Quepem at that stage.
A Test Identification Parade was conducted and the identifying witness identified accused No 3. Though the victim did not support the identification and the parade was delayed, the court said this would not benefit the accused at this stage in light of other material on record.
Statements of the guest house owner and her son revealed that accused No 3 paid for two rooms hired by the accused persons. Crucially, his DNA was traced on condoms recovered from both rooms.
The court also noted that the victim’s mother had filed a missing complaint on January 22, 2025. After being traced and handed over to Quepem Police, the victim gave a statement detailing events beginning at the Margao bus stand and ending near a Honda showroom at Nuvem, where a motorist alerted police.
In view of the material on record, the court held that accused No 3 is not entitled to bail at this stage.
