The ‘rape time’ is when girl made 15 calls, lawyer tells court in Babush case

GOANEWS DESK, PANAJI | 16 May 2016 22:08 IST

The victim girl made 15 calls and sent 15 SMS when she claims to have been made unconscious and raped by St Cruz MLA Babush Monseratte.

This was a startling claim made by the lawyer of victim girl’s mother and Rosy Ferrao, while arguing the bail applications in the Children’s Court today.

There were also several other claims made by Adv Damodar Dhond, lawyer of two ladies, as well as Adv Rajeev Gomes, the lawyer of Monseratte.

Interestingly, Public Prosecutor Nita Marathe, who argued for the police, did not counter these arguments but kept on pressing for extension of police custody, stating that rape of a minor is a heinous crime.  

Pending order on the bail applications on 18th May, Judge Pramod Kamat extended police custody of all the three accused – Babush, victim’s mother and Rosy - by two more days.

In order to prove his claim, Adv Dhond also produced records of the mobile service provider of the victim girl before the court.

The police complaint states that Babush ‘bought’ the minor Nepali girl for Rs 50 lakh, sedated her with drinks and raped her on the night of 8th March.

While the victim girl has deposed before the magistrate stating that she was dropped at the Taleigao farm house by Rosy, the latter’s lawyer contended that his client Rosy does not know to drive a four-wheeler.

   

Adv Dhond also observed that the victim girl had failed to identify the white car she had mentioned in her statement.

GIRL MINOR OR MAJOR?

The issue of victim girl’s age also came up for arguments today in the court as the medical report of GMC has certified that she is between 17 to 18.

Though this establishes the fact that the girl is a minor, Adv Gomes contended that it could also mean the girl could be major as 18 is a borderline prediction.

He also said that the sections applied under Goa Children’s Act would not apply to Monseratte since provisions of the Act specifies the age at 16, in case of rape.

The crime of rape has become more serious because the girl is claimed to be a minor.

Adv Gomes has also alleged that the police have completely failed in establishing the charge of rape as no evidence in this regard has been produced before the court.

It needs to be seen if Babush gets bail in this background as he did not oppose his custody on three occasions earlier and he also did not run away but surrendered immediately after a complaint was filed against him.

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