MARGAO
The South Goa Sessions Court witnessed interesting arguments on the application moved by the government’s Public Prosecutor to transfer the minor rape case allegedly involving Revenue Minister Atanasio Monserrate to a lady judge.In support of his application seeking transfer of the minor rape case to a lady judge, Public Prosecutor VG Costa relied on a 2013 High Court circular stressing on the need to assign cases involving sexual assault against women exclusively to the courts presided over by women judicial officers.
The Public Prosecutor submitted before Judge Agha that it is a settled law that cases involving sexual assault against women are required to be dealt with greater sensitivity.
Advancing arguments on his application seeking transfer of the rape case to a lady judge, the Public Prosecutor quoted the circular before Sessions Judge, Irshad Agha which states “It is desirable that all staff members i.e. bench clerks, stenographer, interpreter, typist“cum-clerk, Havildar/peons are all women in cases where women are the victims of crime to enable victims to give their evidence in a stress-free atmosphere and without any fear or embarrassment.
The Public Prosecutor further stated that the Sessions Judge, Agha had assigned the rape case to a lady judge when he was the Sessions Court Judge North-Goa.
Defence lawyer, Adv D Dhond representing Monserrate and the second accused Rosaria alias Rosy Ferros said his clients have suffered over the last seven years for want of trial in the case.
Referring to the arguments advanced by the Public Prosecutor that the amendment as well as the High Court circular has insisted on assigning rape cases to lady judges, Adv Dhond pointed out that the amendment has only stated it may be desirable to assign rape cases to lady judges to conduct trial.
Adv Dhond pointed out that the matter has come up before four-five courts in the last seven years, but the trial is yet to commence till date. “This is a designated court set up to conduct trial of cases involving MPs and MLAs. Hence, this Sessions Court is empowered to try this rape case,” Dhond said.
Revenue Minister Monserrate was not present in the court since he had to attend a Cabinet meeting. The second accused, Rosaria alias Rosy Ferros, who was present in the accused box, drew attention of the court to her illness, praying for expeditious conduct of the trial.
After hearing the arguments, Sessions Judge Irshad Agha has reserved his order to April 5 in the application moved by the government Public Prosecutor to transfer the minor rape case allegedly involving Revenue Minister Atanasio Monserrate to a lady judge.
