Babush Monseratte will have to stay for another two more days in police custody. Babush had applied for the bail on Saturday in the children’s court which came up for hearing Monday at the Sessions court in Panaji. Besides Babush, the second accused victim’s stepmother and third accused Rosy Ferrao had also applied for the bail. Today the arguments started in the morning and went on till the evening 5pm. How far the arguments went in the favor of accused will only get clear on Wednesday. Meanwhile, you can have a look at today’s proceeding here.
[su_expand more_text=”READ MORE” less_text=” ” height=”0″ hide_less=”yes” link_style=”button” link_align=”center”] According to the Goa Prism staff reporter, the application of bail filed by Babush came up for hearing today in the sessions court Panaji. Counsel of Babush Rajiv Gomes came up with the argument that was based on the falsity of the victim girl. According to Adv. Gomes, his client is innocent and wrongly implicated into this matter. Technically following points were relied on by the counsel of Babush Monseratte.
- My client is in police custody for past 11 days and he is completely co-operating with the police investigations. What investigation is done till date? The arrest of my client was unlawful Police did not feel necessary to take the statement of my client before arresting him.
- My client is not another street beggar but a highly reputed person in the society and the police cannot just arrest him without proper background checkup. What was the reason behind such hasty decision?
- Victim girl did not mention anywhere in her statement that my client raped her. According to victim’s statement when she woke up she saw my client sitting next to her. There were no reports of the genital pain only body pain was mentioned by her in the report.
- If the rape took place she should have disclosed it to someone, her close friend or relative but she did not do that, what was the reason behind that?
- Rape is supposed to have happened when there is a penetration, insertion, manipulation for penetration, but nothing was mentioned in the complaint. The section 376 is invalid since the victim has not said anywhere that she was raped by the accused no.1.
- In her statement, the victim girl told that she was given the drink by maidservant but in her supplementary statement she had stated that someone gave her to drink. She did not say that my client gave her to drink.
- My client is being harassed in this entire thing, there is no valid point in keeping the blood stain on the bed sheet for the police to come and recover the same.
- According to victim’s statement, she went to her friend’s place on 9th March while the statement given by her friend says that she come to her place on 10th
- Statement of the maid was recorded. She said she did not serve any drink. Since her duty gets over by 5.30pm.
- The birth certificate submitted by the victim is completely bogus and she is not minor. Her ossification report claims that she is 17 or 18 while according to the Supreme Court judgment there is a chance of errors of up to 6 months. If that is true then the section of POSCO and children’s act is wrongly put on my client.
- About the victims picture recovering from my clients mobile is also not a valid point since victim girls picture was circulated in many social media groups and if the phone has auto download facility it must have come from one of those groups and hence, my client cannot be blamed for that.
- The victim is habitual for sexual intercourse.
Following the argument put forward by the counsel of Babush Monseratte, the public prosecutor came forward with her argument points. According to her,
- The medical test has established the physical sexual act of accused with the victim girl.
- There are evidence of telephonic communication between victim girl and accused Babush Monseratte which has been established in the investigation.
- The victim girl did not go back to home out of the fear that her mother might sell her once again.
- There may be discrepancies about the dates of the crime but the statements of the witnesses are correct.
- The victim girl was under terrible fear and mental trauma while she was in Apna Ghar and hence CWC had intervened into the matter. The same has been revealed by the CWC officers in their statement.
- There is a possibility of the discrepancies in the statement of a victim girl due to the amount of trauma the victim girl went through all this time.
The judge after hearing the long argument from either party has extended the remand of Babush and rest of the two accused of two more days.
The lawyer of accused 1 told the media outside the court that, there is no question of mental trauma, “If according to her the incident had taken place on the 9th march she was not in the Apna Ghar on 11th instead she was with her friend. What mental trauma she had? ” he further added that “Judge has given two days remand and also posted the order on bail application on Wednesday.”