Sessions Court acquits Minister Babush, another in 2016 rape case

Forty witnesses examined during trial

Panaji: In a trial that lasted for around a decade, the court of the sessions judge in North Goa, Merces, Wednesday acquitted Revenue Minister and Panaji MLA Atanasio ‘Babush’ Monserrate in a 2016 rape case.

The court also acquitted co-accused Rosaria alias Rosy Ferros from Caranzalem in the matter.

In his judgment, Sessions Judge Irshad Agha said that the prosecution failed to prove that the accused no 1, Monserrate, had sexual intercourse with the victim girl and that the age of the victim was below 16 years.

Prosecution has failed to prove the age of the victim. In view of the evidence discussed and case laws mentioned, the benefit of two years minus and plus would go in favour of accused no 1, the court said.

The judgment states that the most vital fact that was required to be proved by the prosecution was age of the victim at the time when the offence was committed. The court said that the prosecution utterly failed to prove that the prosecutrix was a ‘child’ on the date of the incident within the provisions of the Protection of Children from Sexual Offences (POCSO) Act.

The judgment states that in one breath, the victim girl had stated that accused no 1 had sexual intercourse with her twice, and suddenly, she changed her version. The statement of the victim girl was admittedly recorded four times by police and twice before a Magistrate. An NGO had recorded her statement thrice prior to the recording of her statement before the police, the judgment said.

The judgment states that the victim has admitted that her versions were inconsistent. It states that the victim has also admitted that the complaints that she gave to the police and to the Magistrate about her mother selling her to accused no 1 and accused no 2 were false.

As per the FIR registered by Goa police, a minor girl had alleged that she was sold to the then St Cruz MLA Monserrate, who drugged and raped her. Initially, the case was registered under the Goa Children’s Act. Later, the charge was dropped, and sections under the Indian Penal Code were invoked after an ossification test indicated that the victim was above 16 years of age.

Advocate Damodar Dhond, representing the defence, said that the prosecution’s case relied primarily on medical evidence and testimony of the complainant. He said that the complainant had given different statements, some of which were contradictory before the same judge. “The case depended on medical evidence and the victim’s testimony. Finally, she stated that the case is false,” Dhond said.

The case was tried before the district court after the police filed a 250-page chargesheet. A total of 40 witnesses were examined during the trial.

Monserrate and co-accused Rosy Ferros had consistently maintained their innocence throughout the proceedings.

The victim had alleged in a statement given to police in 2016 that Monserrate had bought her for Rs 50 lakh from her mother in a deal facilitated by Ferros. She had also accused them of drugging and sexually assaulting her.

According to Dhond, the complainant later had claimed that she had fabricated the allegation out of anger towards her mother after watching an episode of a television programme. However, police did not find sufficient evidence to charge the mother.

Monserrate was charged under sections 376 (rape), 370A (human trafficking), 328 (poisoning) and 324 (wrongful confinement) of the Indian Penal Code, while Ferros faced charges of human trafficking.

Although the complainant claimed she was a minor at the time of the alleged offence, the court did not establish her age during the trial.

‘I had full faith in judiciary’

Panaji: Reacting after the court verdict, Revenue Minister Atanasio ‘Babush’ Monserrate Wednesday described the case as a long and difficult chapter in his life. “I have been acquitted by the court of all the allegations against me. It has been a long 10-year wait, and only I know how much I have suffered each day. I would like to thank my family, friends and supporters. I had full faith in the judiciary of our country,” Monserrate said.