Kanhaiya Naik, the drawing teacher who was arrested by the police in 2012 in the rape and abetment case of a 17-year-old girl was discharged by the children’s court on Monday from the rape and abetment charges due to the lack of evidence. Read the complete report here.
Based on the information available from the reliable sources, the court has discharged the accused Kanhaiya Naik from the case of rape and abetment of a minor girl due to the lack of evidence against him. The accused teacher had allegedly raped the minor girl at his residence while she was attending the remedial classes. The girl had later committed suicide by setting herself ablaze. It was on July 24, 2012, at 1pm, the minor girl ended her life after learning that the accused was granted bail by the court.
According to the sources, the minor girl passed away while undergoing the treatment at GMC (Goa Medical College) Bambolim on July 27, 2012, at 4.45pm. In her dying declaration, the victim had held the accused responsible for her decision to commit suicide.
Following the demise of the victim, her father lodged the complaint against the accused for abetment pertaining to the declaration given by victim while dying. In the complaint victim’s father held that the accused was suspected to be threatening her daughter either directly or indirectly after his release from the jail.
The president of children’s court, Vandana Tendulkar has observed that the earlier crime allegedly committed by the accused was the reason behind victim’s depressed state of mind while the accused being released on the bail could not be held as an act of instigation on his part. “In the circumstances, since no positive act of accused could be gathered from the prima facie material on record in aiding or instigating or abetting the victim girl to commit suicide, the point is determined in the negative,” Tendulkar said.
Tendulkar also observed that though there is ample evidence pointing to the victim’s depressed state of mind since the time the accused was released on bail, the father’s suspicion was “not supported by the statements of any other witnesses of the prosecution.”
According to the sources in the Rediff News after the death of the rape victim in 2012, the Panaji police had now decided to move for the cancellation of bail application of the accused teacher Kanhaiya Naik. The then chief minister of Goa Manohar Parrikar had also assured in the House that the issue would be handled in a serious manner. The girl was raped by at the teacher’s residence during her remedial classes in December 2011 and he was arrested in January 2012.
The BJP-led government under the leadership of then CM Manohar Parrikar also told the media that the government will move to the Bombay High Court to cancel the bail of the accused and they will request the high court to appoint a full-time judge for the children`s court, so that, such cases can be prosecuted expeditiously. “I want to know why the high court gave the bail; whether prosecution failed to provide any evidence,” Parrikar said.
The accused has been discharged under section 227 of Criminal Procedure Code (CrPC) for the offense under section 305 (Abetment of suicide of child or insane person) of IPC and section 8 (1) of the Goa Children’s Act, 2003. Public prosecutor K Sanzgiry argued on behalf of the state and advocate D Dhond appeared for the accused.