HC slams probe into German minor’s case

HC slams probe into German minor’s case
Says Investigations Were Neither Just Nor Fair
TIMES NEWS NETWORK

Panaji: The high court of Bombay at Goa on Friday after perusal of police files and investigation reports in the rape of the minor German girl observed that investigations were neither just nor fair.
On a day that exposed chinks in the police probe and brought to light the lacunae in dealing with the alleged crime against the minor girl, the court repeatedly questioned the manner in which the case was handled. The court had taken suo motu cognizance of the case on October 24 after the media had reported on “the apathy of police machinery” while investigating the case.
The court issued a show cause notice to the accused Rohit Monserrate seeking
cause as to why bail granted to him by the children’s court shouldn’t be cancelled. The court also called upon the state to reply as to why the investigation shouldn’t be transferred to the CBI. The matter has been listed for hearing on December 10.
Ruling that, “Criminal jurisprudence is to ensure that just, fair and logical investigation, is done in accordance with criminal procedure code and police manual,” the bench comprising Chief Justice Swatanter Kumar and Justice N A Britto came down heavily on the investigating officer in the case.
They observed, “Investigating officer should take due care and caution in future and ensure that fair and proper investigation is done. There appears to be somewhat strange manner of investigation, not in consonance with normal practice of law.”
The German mother had accused education minister Atanasio Monserrate’s son Rohit of raping her daughter and PWD minister Churchill Alemao’s nephew Warren Alemao of sexually exploiting the 14-year-old girl.
Observing that it is not appropriate for the court to examine various lacunae in the case, the judges said it is the court’s responsibility to ensure proper, just and fair investigation. The court observed, “investigation suffers from infirmity, which could be intentional or otherwise”.
Taking note of the fact that though the FIR was registered on October 14, the accused was not apprehended until he voluntarily appeared before the police on November 4, 2008. The court said that the police’s explanation that this was due to non-cooperation from the complainant is a matter of debate.
The court has called upon the state to reply as to why the investigation shouldn’t be transferred to the CBI and asked the investigating officer to file a separate affidavit on the investigations conducted on the allegations made by the complainant on October 24 wherein she alleged that Warren Alemao had sexually abused her daughter.
Further, the court issued a show cause notice to the accused Rohit, as to why his bail shouldn’t be cancelled and he arrested as they were unable to find any merit in the order from the children’s court granting bail to the accused. The high court found the order unjustifiable in facts.
The court also questioned SP North Bosco George and investigating officer, Tushar Vernekar on the delay in collecting evidence relating to the mobile phone details from the telecom operators. The court sought an explanation as to why they waited two weeks before seeking details of the text messages and phone calls from the telecom operators.
To this the AG replied that a company formed by the family (Monserrate) holds 19 mobile phones and hence it was difficult to trace which mobile was used to send the messages. A complaint filed by the girl’s mother refers to objectionable text messages sent by the accused to the girl.
The court also repeatedly inquired with Vernekar whether he had adopted a similar procedure of investigation in other cases, to which the AG replied that the same procedure is adopted in all cases. Only if the police find some basis in the complaint do they take action, the AG clarified.

22 November 2008, The Times of India, Goa edition