Team Herald
PANJIM: The High Court of Bombay at Goa has acquitted a person, charged with sexually abusing an underage boy about five years ago.
Girish Shirodkar, aged 27 years, currently jailed in Colvale Central Jail, was convicted and sentenced to 10 years for sexually abusing a 12-year-old boy by the Children’s Court. As per the case details, on October 31, 2015 the accused had ‘carnal intercourse against the order of nature’ with the minor victim and hence charged under Section 377 IPC, and relevant Sections of Protection of Children from Sexual Offenses Act and Goa Children’s Act.
Shirodkar, through his lawyer Adv Arun Bras De Sa challenged the order before the High Court stating this is a case of mistaken identity. “There is evidence about learning disability of the victim as also the mental retardation of the accused. If these circumstances are taken into consideration, this is a case of mistaken identity and even in case had any doubt the benefit of such doubt is required to be extended to the accused,” De Sa submitted during the hearing in the High Court.
He also pointed out that the test identification parade of the accused was not done whereas the prosecution claimed that medical examination suggested the crime took place.
The Bench observed that mental retardation of the accused and lower IQ of the victim were the factors to be kept in mind for evaluating the other evidence on record and this has not been done in the present matter. Accordingly, the order of the Children’s Court was set aside and the accused was acquitted of the charges levelled against him.
