Panaji: The High Court has acquitted an accused in a 2023 Arpora rape case, Afzal Khan alias Albaz Khan, and ordered his immediate release after setting aside the POCSO court’s conviction.
The High Court quashed the July 2025 conviction, which had sentenced Khan to 10 years’ rigorous imprisonment for allegedly raping a minor.
According to the prosecution’s initial version, the incident occurred on July 30, 2023, during a day picnic at a holiday home in Arpora. The victim alleged that after booking a room with a minor friend and consuming food and drinks, she fell asleep and later woke up to find herself sexually assaulted.
An FIR was registered at Anjuna police station on August 1, 2023. The High Court noted a delay of nearly 48 hours in filing the complaint and found multiple inconsistencies in the victim’s statements.
The court recorded contradictions in her version, including a shift from an initial allegation of “attempt to commit rape” in her police complaint to a later statement under Section 164 of the CrPC alleging full sexual intercourse.
The High Court stated that the prosecution failed to prove the offence beyond reasonable doubt, citing investigative gaps, inconsistencies in the victim’s timeline and conflicting forensic findings.
It also noted that the complainant had admitted during cross-examination that she had demanded Rs 5 lakh from the accused’s wife to settle the matter.
On scientific evidence, the court stated that DNA evidence cannot be viewed in isolation and is only corroborative in nature. The court also observed that hotel CCTV footage showed the accused in the parking area but did not place him in the reception or room corridors.
The accused was ordered to be released unless required in any other case.
