The case of alleged rape of a minor girl by the St. Cruz MLA has reached to the very crucial point where the chances of Accused getting the benefits of the lapses in establishing the case have become very much visible. On Monday, the defense counsel representing Babush Monseratte has stressed on the point of age determination test and he it very much sure that girl is not minor. What are the main points which are pointing out towards the bailing out of the main accused? Read the complete report here.
Based on the information available from the reliable sources, there are few fresh developments have come up in the case of alleged rape of the minor girl by St.Cruz MLA Babush Monseratte. The case that is started with the allegation of rape and human trafficking is now melting down due to the lapses from the investigation side.
The counsel of main accused brought out few facts in front of the court in his arguments according to which it has been established that the police relied entirely on the statement of the victim girl alone while filing the case against Babush and remaining two accused.
“Police had filed the case of rape of a minor girl under the children’s act against the main accused applying the section of POSCO on him without taking into the consideration the real age factor of the victim girl,” argued the counsel of Babush.
During the investigation police managed to recover two birth certificates from the residence of victim girl that has two different dates mentioned on it. Police also recovered the AADHAR card of the victim girl from her place and the date mentioned on it does not match with the birth certificates.
The above investigation lead to the ossification test of the victim girl and the report of the test confirmed that the age of victim girl is between 17 & 18. Based on the argument of the counsel of Babush, the Supreme Court judgment allows the benefit of 6 months to the accused. According to the law if the age of the girl is 16 she is considered as minor.
Based on the information available from the reliable sources, the investigation team is in the process of removing the sections of children’s act and POSCO that was applied earlier on the accused while filing the charge sheet. If that happens, the entire case will turn upside down. According to the children’s act, only if the rape victim is 16-year-old it is considered as minor.
Taking into the consideration all the above points it is very much evident that the case of Babush is getting stronger here and denying the bail to him might be little difficult for police.
Here are some points that will make the picture clearer.
Police investigation claims that Babush paid rupees 5o lakh for the victim girl but they do not have any supporting evidence showing the payment was done.
The victim girl had been given the spiked drink by so-called ‘housemaid’ who is not yet arrested by the police.
The white car with tinted glasses which was used to drop the victim girl back home is not yet recovered by the police.
The driver who dropped the victim girl to her friend’s house is not yet been traced by the police.
The victim girl has narrated in her statement to the police that she was unconscious from 8th March evening until 9th March morning but during that period there were around 24 phone calls made from victim’s mobile. Police do not have any satisfactory explanation for the same.
The sources have revealed that police investigation failed to establish the case as they have not yet able to prove the single point which had surfaced during the preliminary investigation. There are speculations in the media that the entire case has been cooked up to harass the accused.