Goa//No need for CBI probe in German girl case: Cops

No need for CBI probe in German girl case: Cops
Preetu Nair | TNN

Panaji: In an affidavit filed in the high court of Bombay at Goa, the Goa police submitted that “there has been no laxity in the investigation” and that it was “on account of non-cooperation of the complainant and the victim girl” that investigations were hampered in the alleged rape case of a minor German girl.
The police said that there was no case for handing over investigation to the CBI as it had been carried out in a proper manner and in accordance with the law.
SP (North) Bosco George in the affidavit submitted that “the response to the show cause notice is without prejudice to the submission that this court, in exercise of powers under Article 226 of the Constitution of India, cannot direct handing over investigation to the CBI unless the state has granted its consent”. No laxity in German girl probe: Cops
Panaji: The Goa police told the high court of Bombay in Goa that there has been no laxity on their part in investigations into the alleged rape of a minor German girl.
Chief Justice Swatanter Kumar had taken suo motu cognizance of the case in which a German woman had alleged that her minor daughter had been raped by Education minister Atanasio Monserrate’s son Rohit and sexually exploited by PWD minister Churchill Alemao’s nephew Warren. The division bench in its order on November 21 had asked the state to reply as to why investigations shouldn’t be transferred to the CBI.
The police categorically stated that within 24 hours of the medical report and statement of the minor being recorded and received by the police, Rohit had been taken into custody.
The affidavit states that investigations were, “in accordance with law and without any fear or favour”. It also says though steps were taken to take Rohit into custody, he could not be apprehended. “Subsequently the victim refused to cooperate with the investigating agency and was not even prepared to make a statement or subject herself to a medical examination. The very factum of the incident of rape therefore could not be ascertained and under these circumstances, no further steps were taken to arrest Rohit,” the SP submitted in his affidavit.
“In the complaint there was no direct allegation of rape, but it was stated that Rohit had ‘apparently’ raped her. Further, in the report of the NGO, it is recorded from conversation with the victim that the victim had not informed her mother of any such incident of rape,” the affidavit also states.
It was further submitted that in view of the statement of the victim and medical report which disclosed that there was an old healed hymenal tear, Rohit had been taken into custody. “As soon as the commission of the crime was ascertained the police have taken Rohit into custody for further investigation.”
Further, the police also submitted that they have recorded a further statement from the girl in the presence of two representatives of an NGO, in which she was unable to provided details of the alleged rape. “She has further stated that she has not received any threat, either verbal or written, from any person. She also stated that she has no complaint against anybody and that she has repeatedly been stating the same,” it was submitted.
As regards the complaint against Warren, the police submitted that there was no “material available to proceed against Warren Alemao and on the contrary the victim had categorically stated that she does not know any person by the name of Warren Alemao.”
The police in its affidavit also gave a clean chit to the Education minister and said that there was no material to proceed against him as an abettor to the crime.
When the matter came up for hearing before the division bench of Justice A P Deshpande and Justice N A Britto on Wednesday, advocate general Subodh Kantak informed the court that he had filed an application seeking to correct two paragraphs in the order passed on November 21, in which statements were attributed to the state, stating that Rohit was absconding till November 4. Kantak submitted that Rohit had deposed before the police on November 1 prior to recording the girl’s statement by Judicial Magistrate First Class (JMFC), Mapusa.
Senior counsel Atmaram Nadkarni appearing for Rohit was granted a week’s time to file an affidavit as to why Rohit’s bail shouldn’t be cancelled.

December 11, 2008, The Times of India, Goa edition