NT NETWORK
PANAJI
St Cruz MLA Atanasio (Babush) Monserrate’s police custody has been extended by three more days by the Children’s Court.
Babush was arrested on Thursday last week on charges of allegedly raping a minor girl, exploitation of a trafficked person and other offences. Babush and the mother of the victim girl, who was also arrested, were produced before the Children’s Court in Panaji on Monday. The court has also extended the victim’s mother’s police custody by three more days.
Police had sought ten-day custody on the grounds that the accused did not cooperate with the investigation, the investigation is not complete and more statements of witnesses need to be recorded. However, after hearing the arguments on the remand application, the judge granted the police three-day custody of both the accused.
Senior counsel Saresh Lotlikar represented Babush whereas Damodar Dhond represented the mother of the victim. Lotlikar told the court that the easiest thing for Babush was to evade arrest; however, he appeared (before the police) at the first available opportunity.
The offence against Babush was registered on Wednesday last week on the basis of statements given by the victim in the presence of child welfare committee. The FIR was registered at the Panaji police station and subsequently transferred to Panaji women’s police station. Babush appeared before the police on Thursday and was subsequently placed under arrest.
Lotlikar said that Babush has been fair, cooperative and this allegation of non-cooperation is neither here nor there. “They do not spell out how I (Babush) have not cooperated. They have not usefully utilised these particular three days (police custody). There is not a single statement relating to what new they (police) have done. First few paragraphs (remand application) are verbatim reproduct, as far as the reasons given for remand are also verbatim reproduct,” Lotlikar told the court.
“This investigation is spilled out to the media. Before the police take a particular step, the media knows something is going to be done and they also know the outcome of the particular thing even before that takes place,” said Lotlikar adding that this is the manner in which Babush is being prejudiced. He said the investigating officer is supposed to be discreet; investigation is supposed to be secret.
Rajeev Gomes, another counsel for Babush, later speaking to the media outside the court said, “From the beginning, we had said that the statements of the victim girl were manipulated and appear to have been manipulated right from the child welfare committee and it is going on. Even the statements (of the victim) recorded under 164 CrPC (before a magistrate) were under pressure.”
Gomes further said, “Psychological test is not mandated by the law, it is not required at all. So I don’t know why they (police) have done such tests. That’s why I am saying that investigation is not fair because something which has to be done is not being done and what is not to be done, they (police) are doing.”
According to information, Babush was once again taken to the Goa Medical College and Hospital and the Institute of Psychiatry and Human Behaviour at Bambolim for medical examination on Monday.
Counsel for the victim’s mother said that there is allegation on the mother that she sold the girl for Rs 50 lakh. However, immediately after the arrest, the house of the mother was searched but police only found around Rs 4,000. He said that the mother is not influential and comes from a poor family. The bank account details have also been provided to the police and the account has around Rs 4,000-Rs 5,000 balance. He said that the role of the mother is limited and she has been already interrogated by the police. He requested the judge to send the mother to judicial custody.