Court reserves verdict on bail pleas of 3 accused for May 18
PANJIM: The District and Sessions Court has reserved its verdict on the bail plea by Babush Monserrate for May 18. During the arguments, the defence lawyer tried to demolish the complaint of rape against him, claiming it was an “act that betrays the sadistic way of thinking.”
Judge Pramod Kamat, who heard the arguments on the bail application filed by Monserrate, the victim’s mother and the third accused Rosy Ferros for the entire day, reserved the verdict for May 18. The police custody of the trio was also extended by two days.
The arguments, which had advocate Rajiv Gomes representing Monserrate trying to demolish the entire theory of rape and drugging as alleged in the FIR, also saw him claiming that the arrest of Monserrate was “illegal” and “unlawful.”
Gomes stated that Monserrate was arrested by Inspector Dattaguru Sawant, who was not investigating the case.
“The arrest was illegal and unlawful. It is the investigating officer who has to apply the mind before arresting the accused. It cannot be done in a casual and mechanical method,” Gomes argued, adding that the arrest was made without even having any material evidence on record against the accused, and that Monserrate had voluntarily presented himself before the Crime Branch when he came to know that an FIR had been registered against him.
He said the police were unfair to Monserrate and demanded that a fair investigation be conducted into the allegations against him. He also said that Monserrate was innocent and political opponents had taken advantage of the girl.
Gomes contested Section 370 of the Indian Penal Code and Section 8 (2) of the Goa Children’s Act applied in the FIR against Monserrate. Pointing to the statement by the victim, he said there is no sexual assault in this case as the girl has never claimed or disclosed it in the complaint.
“The investigation officer should have had facts on record before applying the section of rape against the accused. The application of such a grave section shows the fertile imagination of the investigating officer. He betrays his own sadistic way of thinking in this matter,” Gomes said.
The lawyer also said the girl had never claimed that there was penetration. He said the girl’s statement and her supplementary statement had just mentioned that she was in the bed, with Babush sitting on the sofa, but nowhere had she spoke of any kind of penetration, which indicates rape.
“Without the girl even claiming that she was raped, the section has been added in the FIR. You think it is rape and tarnished the image of the girl, making her a rape victim,” he said, adding, “She does not even mention about the applicant touching her in the complaint, while police have added sections related to heinous crime to the case. Their imagination has turned this case into a rape.”
He said even the medical examination did not record that she was raped and it also did not substantiate the case.
Gomes further said that the girl was lodged in Apna Ghar on April 11, but till May 4 she did not disclose about the rape to anyone.
He also reasoned that if the accused had really raped her, he would not have kept the bedsheet in his house for so long. He also questioned the existence of the bedsheet.
Gomes also stated that the girl had mentioned in her complaint that she was offered a spiked drink by a maid servant, while the police had accused Monserrate of drugging her, which contradicts the girl’s statement.
He said the section should have been applied against the maid. “But the fact is that there are no maids living at Monserrate’s house. All the maids leave the place by 5.30 pm,” the lawyer added.
Meanwhile, Public Prosecutor Nita Marathe stuck to the theory of rape and investigations by the Crime Branch. She said that the investigating officer had to get into the details about the SMS exchanged between the accused and Ferros.
During the arguments, the judge questioned whether the Crime Branch had managed to track down the Rs 50 lakh that was allegedly paid by Babush to the girl’s mother.
Marathe stated that the investigating agency needed time to track down the trail of the money. The judge was not happy with the answer and said it does not take much time for the investigating agencies to get their hand on the bank statements.
Herald Goa News
PANJIM: The District and Sessions Court has reserved its verdict on the bail plea by Babush Monserrate for May 18. During the arguments, the defence lawyer tried to demolish the complaint of rape against him, claiming it was an “act that betrays the sadistic way of thinking.”
Judge Pramod Kamat, who heard the arguments on the bail application filed by Monserrate, the victim’s mother and the third accused Rosy Ferros for the entire day, reserved the verdict for May 18. The police custody of the trio was also extended by two days.
The arguments, which had advocate Rajiv Gomes representing Monserrate trying to demolish the entire theory of rape and drugging as alleged in the FIR, also saw him claiming that the arrest of Monserrate was “illegal” and “unlawful.”
Gomes stated that Monserrate was arrested by Inspector Dattaguru Sawant, who was not investigating the case.
“The arrest was illegal and unlawful. It is the investigating officer who has to apply the mind before arresting the accused. It cannot be done in a casual and mechanical method,” Gomes argued, adding that the arrest was made without even having any material evidence on record against the accused, and that Monserrate had voluntarily presented himself before the Crime Branch when he came to know that an FIR had been registered against him.
He said the police were unfair to Monserrate and demanded that a fair investigation be conducted into the allegations against him. He also said that Monserrate was innocent and political opponents had taken advantage of the girl.
Gomes contested Section 370 of the Indian Penal Code and Section 8 (2) of the Goa Children’s Act applied in the FIR against Monserrate. Pointing to the statement by the victim, he said there is no sexual assault in this case as the girl has never claimed or disclosed it in the complaint.
“The investigation officer should have had facts on record before applying the section of rape against the accused. The application of such a grave section shows the fertile imagination of the investigating officer. He betrays his own sadistic way of thinking in this matter,” Gomes said.
The lawyer also said the girl had never claimed that there was penetration. He said the girl’s statement and her supplementary statement had just mentioned that she was in the bed, with Babush sitting on the sofa, but nowhere had she spoke of any kind of penetration, which indicates rape.
“Without the girl even claiming that she was raped, the section has been added in the FIR. You think it is rape and tarnished the image of the girl, making her a rape victim,” he said, adding, “She does not even mention about the applicant touching her in the complaint, while police have added sections related to heinous crime to the case. Their imagination has turned this case into a rape.”
He said even the medical examination did not record that she was raped and it also did not substantiate the case.
Gomes further said that the girl was lodged in Apna Ghar on April 11, but till May 4 she did not disclose about the rape to anyone.
He also reasoned that if the accused had really raped her, he would not have kept the bedsheet in his house for so long. He also questioned the existence of the bedsheet.
Gomes also stated that the girl had mentioned in her complaint that she was offered a spiked drink by a maid servant, while the police had accused Monserrate of drugging her, which contradicts the girl’s statement.
He said the section should have been applied against the maid. “But the fact is that there are no maids living at Monserrate’s house. All the maids leave the place by 5.30 pm,” the lawyer added.
Meanwhile, Public Prosecutor Nita Marathe stuck to the theory of rape and investigations by the Crime Branch. She said that the investigating officer had to get into the details about the SMS exchanged between the accused and Ferros.
During the arguments, the judge questioned whether the Crime Branch had managed to track down the Rs 50 lakh that was allegedly paid by Babush to the girl’s mother.
Marathe stated that the investigating agency needed time to track down the trail of the money. The judge was not happy with the answer and said it does not take much time for the investigating agencies to get their hand on the bank statements.
Herald Goa News
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