Male Accused Gets 11 Years’ Rigorous Imprisonment; Bailancho Saad Flags Serious Delays in Justice Delivery

Panaji, August 18: Twelve years after a woman was subjected to a brutal sexual assault in which she was allegedly beaten, disrobed and chili powder applied all over her body, including her private parts, a Goa court has convicted three accused in the case. Women’s rights organisation Bailancho Saad, which supported the survivor throughout the prolonged legal battle, welcomed the verdict while raising serious concerns over delays at various stages of the criminal justice process.

The judgment was delivered on August 13, 2026, by Judge Pooja C. Kavlekar, Presiding Officer of the Fast Track Special Court (POCSO), Merces.

According to Bailancho Saad, the male accused was sentenced to 11 years of rigorous imprisonment and fined ₹1.45 lakh, while two women accused were sentenced to one year of rigorous imprisonment each and fined ₹65,000 each.

The male accused was convicted under several provisions of the Indian Penal Code, including Section 376 for rape, Section 354B for assault with intent to disrobe, Section 354A, Section 341 for wrongful restraint, Section 324 for causing hurt by dangerous means and Section 506 for criminal intimidation, among other provisions. The sentences will run concurrently. The two women accused were also convicted for offences arising from the incident, except rape and assault to disrobe.

Brutal Assault Following Property Dispute

According to Bailancho Saad, the incident occurred in June 2014 during an argument arising out of an earlier property dispute. The survivor was allegedly beaten with a stick, wrongfully confined and disrobed. Chili powder was then allegedly applied from her head to toe, including on her private parts, by the male accused along with his mother and wife.

The organisation said it had been assisting the survivor since the incident and claimed that serious lapses occurred right from the initial reporting of the crime.

Bailancho Saad alleged that when the matter was reported on June 23, 2014, police did not immediately register an FIR and instead recorded a non-cognizable offence. The survivor’s six-year-old daughter had reportedly called emergency numbers 100 and 1091.

The survivor was subsequently taken by ambulance to hospital, where she received medication for pain and saline treatment to remove chili powder from her eyes. According to the organisation, she was thereafter advised to wash herself.

Bailancho Saad said an FIR was registered only four days later following its intervention and submission of a formal complaint. It claimed that the delay resulted in the loss of crucial medical evidence.

Charges Framed Years Later

The organisation also questioned the prolonged investigation and trial process.

According to its statement, the charge sheet was filed on December 14, 2015 — around one-and-a-half years after the incident. The case was subsequently re-registered before the Fast Track Special Court (POCSO), Panaji, on July 27, 2016, after Section 8(2) of the Goa Children’s Act, 2003 was invoked.

However, Bailancho Saad pointed out that charges were framed only on January 11, 2024, around eight years after the case was re-registered before the Special Court. Recording of evidence began on July 11, 2024, while the final judgment was delivered on August 13, 2026.

The organisation said it had repeatedly raised the issue of delay before various forums and at public meetings and had consistently demanded speedy disposal of the case.

Court Recognises Expanded Scope of Rape

Bailancho Saad said the court took into account the expanded legal definition of rape, including forms of penetration and manipulation of private parts.

The court examined evidence from witnesses, including neighbours who gathered at the scene, as well as doctors, nurses and police personnel, before arriving at its findings, the organisation said.

Compensation Ordered

The court has also directed compensation to the survivor under the Goa Victim Compensation Scheme for Victims of Sexual Assault and Other Crimes, 2018. It further directed that the fines imposed on the convicted persons be paid to the survivor.

Bailancho Saad, however, expressed concern over the practical recovery of the fine amounts, stating that the convicted persons belong to low-income groups.

The organisation highlighted the financial hardship endured by the survivor, who is a daily-wage worker. It said she lost substantial wages while attending proceedings during the 12-year legal battle and had no adequate financial support from the State to meet her family’s needs.

Bailancho Saad said its volunteers and well-wishers assisted the survivor with ration supplies and her child’s educational requirements, particularly during the difficult COVID-19 period.

Public Prosecutor C. D’Silva represented the State in the case.

‘Delays Must Be Addressed’

Bailancho Saad thanked its volunteers and others who stood by the survivor during the prolonged legal process.

The organisation also claimed that complaints had been lodged against the accused even before the 2014 incident and argued that timely action on those complaints could possibly have prevented the subsequent crime.

Bailancho Saad has now urged the Goa government and the judiciary to examine the alleged lapses and prolonged delays witnessed in the case and take corrective measures to ensure that other survivors of sexual violence are not forced to wait for years for justice.

The statement was issued on behalf of Bailancho Saad by Sabina Martins.

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