Goa Children's court has dropped charges of sexual assault against Julio Lobo, boyfriend of the British teenager Scarlett Eden Keeling, who was found dead on Anjuna beach in the coastal state.
"There are absolutely no materials to even prima facie make out the charge," the court order said.
Scarlett's personal diary, which carries several references to personal drug abuse, loneliness and sexual encounters the 15-year-old had undergone, was leaked to the media.
The diary also has graphic and candid personal confessions which the teenager had put down on paper.
"The contents of the diary cannot be admissible as evidence as they are statements made by the victim in anticipation of death. The contents of the diary are not dying declarations," the order said.
However, the court yesterday directed that charges be framed against Lobo for illegally staying with a minor non-blood relative, which is in violation of provisions of the Goa Children's Act (GCA).
Under the GCA 2003 section 8(4) and 8(9), the Director Women and Child Development has to be informed in writing if an adult is residing with a minor child who is not a blood relative.
Scarlett's 27-year-old companion was staying with her in Goa during the days when she was drugged, raped and murdered on Anjuna beach by two locals.
Scarlett's bruised semi nude body was found at Anjuna beach on February 18.
Fiona Mackeown, Scarlett's mother, had stated that her daughter was staying with Lobo, while she was away in Gokarna in Karnataka.
Lobo was booked for sexual assault on Scarlett as her diary mentioned that she had sexual intercourse with him.
As per Goa Children's Act, 2003, consensual sex with the minor amounts to rape.
Goa police although had given Lobo a clean chit in the murder case, he was booked for unlawful custody of the girl and also having sexual relationship with her.