The Goa Children’s Court has heard two applications today. The first was filed by Advocate Aires for intervention while the other was anticipatory bail filed by the defense counsel for Ramo, Advocate Rajeev Gomes. There was another intervention application which was filed by the social activist Kashinath Shetye. Goa Prism brings to you the very exclusive courtroom happening in this case.
In the beginning of the hearing, itself judge raised the query over the maintainability of the application filed by the Aires Rodrigues, the complainant (for the victim) in this case but the explanation given by Aires seems not satisfied the judge till the end and finally, the application was kept for the order. Finally, Aires made a point that the intervention of the court is needed in this case since the accused possess the capability to influence the case with the help of political interference.
The public prosecutor also objected the maintainability of the intervention application filed by the Aires Rodrigues saying that it is not maintainable and there is no need of the court to monitor the investigation since police are doing their job just and fair.
Following the intervention application, the application for anticipatory bail came up for hearing. The counsel for the accused (applicant in anticipatory bail) has narrated the story of bull coming on the way while Remo and his son were on their way to south Goa. “As a result, of bull ran out of the field the victim girl jumped the sideways and met with an accident, my client is not at the fault the car was driven at the speed of 30KMPH,” said the lawyer. Here the counsel of Remo gave the entire explanation as how Remo waited at the accident spot to help the girl and letter went to police station and also attended her at the Asilo Hospital. “My client always wanted to help the victim girl and he also offered the financial help of Rs. 50000 which is double the amount the family of girl claimed towards the expenditure. After that my client left abroad on the 7th of December, till that date there were no allegations on him whosoever,” he said.
According to the counsel of Remo, the entire story has been cooked up only after his client left abroad to fulfill his prior commitments. “It is after the 14 days the complaint was filed by my learned colleague Adv. Aires Rodrigues saying that the child was abused,” he narrated. According to him, there is something fishy about the complaint being filed after the gap of almost 14 days of the incident said to have taken place.
“The complaint which was filed before the Mapusa police station after 14 days of the incident supposed to be taken place gives no reasoning for the delay in filing the complaint,” Argued Mr. Gomes. Mr. Gomes claimed that there are discrepancies in the complaint filed by Mr. Rodregues and it also misleading at many places. He read out the entire statement before the magistrate. “According to me the complaint that filed by my learned friend is frivolous and it does not contain the mention of abusive words. I say that it has been purposely not mentioned so that it can be turned and twisted later on as needed,” Argued the counsel for Remo.
Later Mr. Gomes exhibited the blog post from the blog of Mr. Rodregues in front of the court stating that they are highly misleading. “These blog post itself shows the discrepancy in the statements made by the complainant (Aires Rodrigues). It says that Mr. Remo Fernandes did not bother to even visit the victim at GMC for past 17 days after the accident. If the case is based on the truth then there should not two versions of it,” said Mr. Gomes.
According to Adv. Rajeev Gomes, the complaint filed by Adv. Aires Rodrigues is entirely false and baseless. According to him considering the offense really took place, it still does not fit in the ambit of section 504 IPC. “Does the abuse contain any filthy language? Or the language has any sexual overtones in it? NO. It is also not fitting in the ambit of section 506 IPC as there no threats were issued. What has been alleged by the complainant is “Wish you have died”, but it is the outcome of frustration which could have resulted due to their demand of Rs. 3 Lakh,” said Mr. Gomes.
Advocate Gomes further said that this complaint was filed to harass my client and extort the money from him. “I further say that the complaint was filed to humiliate my client. The police lookout notice was the part of this humiliation. The complaint is only interested seeking the arrest of my client,” he argued. Following to this Adv. Gomes relied on the three judgments which he submitted to the court.
The public prosecutor has pressed for the custodial inquiry of the Remo saying that whatever Remo has done is wrong and due that the victim is going through the mental trauma that is already suffering from the physical pain. She also said that this was not expected from the person of that caliber who has been awarded the Padmashree award by the Indian government. “The accused is very powerful and he can influence the victim with the power of money and hence his custodial investigation is necessary for this matter,” said the Public Prosecutor.
Advocate Aires also pointed out that the accused was sitting in the car after the accident took place. “They did not bother to call for the 108; it was called by one of the spectators who gathered at the accident spot. This in itself is the proof of arrogance of the accused and the child abuse had started since then,” argued Aires. “The story of bulls crossing the road is completely cooked up by the accused which does not have any documentary evidence. The police investigation states that the accident was the result of rash and negligent driving. The application for anticipatory bail needs to be checked for its falsity and the accused has not come before this court with the clean hands. I was shocked when my learned friend said that I am misleading the court which I have never done in my career. I am associated with this case just to help the poor child,” he added.
The court has kept the verdict pending which will be pronounced on the 7th January. The prosecution has pressed for the custodial investigation and applicant has agreed for the conditional bail. Now let’s wait to watch what happens on the 7th January. The fate of Remo will be decided on this Thursday. Please do leave your comments and suggestions on this issue.
Goa Prism News Desk