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HOW THE ACCUSED GOT OFF
CASE 1
* The girl had nothing to say against any of the accused persons
* She categorically stated that no offence was committed by them
CASE 2
* The victim, in this case a wife, settled the matter with accused
* Relationship being stable, she refused to incriminate the accused
CASE 3
* The victim says she could not see faces of rapists in the darkness
* She did not recognise any of the accused who were present in court
CASE 4
* The victim settles the matter and does not wish to say anything
* She denies getting threats or being under pressure from accused
CASES 5 & 6
* Like in above cases, two accused also acquitted on rape charges
* However, trials in these two cases went on for a year or two
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Additional Sessions Court, Mapusa in the month of May acquitted nine accused in six separate cases of rape registered between 2010 and 2015.
In four out of the five cases, the victims in their chief, did not make any statements incriminating the accused.
In the first of these four cases, an offence was booked under Section 363 (kidnapping), 342 (wrongful confinement) and 376 (rape) read with 34 of IPC against Mayur Toraskar (25), Mukund Shirodkar (22), Sameer Dabholkar (27), Bobian Haldankar (23) and Nilesh Pomburfekar (35); all from Siolim.
In her complaint lodged at Anjuna police station, mother of the girl aged 17 to 18 at the time of offence, stated that between July 8 and July 9 at Porta Wado, Siolim, the five accused kidnapped her daughter in a Maruti van and took her to Fernandes Wado and then shifted her in another Maruti van. She was then taken to Tar Wado, Siolim and was wrongfully confined in a house.
Toraskar then raped the victim in the house, said the complaint.
On July 20, 2015, the Goa Children’s Court discharged the accused under Section 2 (y) (i) (grave sexual assault) punishable under Children’s Act, 2003 and the case was transferred to Sessions Court, which exclusively tries the offences of rape.
However, in her chief, the girl stated, “I do not want to say anything against any of the accused persons including Toraskar.” She stated that her mother lodged a complaint since she did not return home from her beautician classes.
However, she stated that she does not know why her mother accused these five persons, whom she knows. She categorically stated that no offence was committed by them, resulting in the acquittal.
In the second case, one Lourdes Gonsalves (28) from Calangute was chargesheeted by Calangute Police upon receiving a complaint from his wife that on January 2, 2012 at around 10.30 pm at Sauta Wado, Calangute, he assaulted his wife, causing bodily hurt and committed rape on her when she was staying separately in a separate house.
Gonsalves was booked under Section 323 (voluntarily causing hurt) and 376 of IPC.
However, in her chief, the complainant stated, “Since I have settled the matter with the accused, I will not answer the question as to whether the accused ever harassed me.”
During examination, it came to light that the couple was married on July 9, 2009 and since the marriage, the complainant was staying at her matrimonial home. She had a six year old child out of wedlock. But with the relationship being stable at the time of trial, the complainant refused to incriminate the accused.
In the third matter, a case was booked under Section 376 D (gang rape) of IPC against four persons from Tiswadi by Old Goa Policeon the complaint that on July 29, 2015, between 4.30 pm and 6 pm, at Corlim, the accused committed gang rape on the complainant.
But in her chief, the complainant stated, “I was raped by some persons but I could not see their faces as it was dark in the room and the door and windows were closed and were having curtains and it was in the evening time.”
Further in stating that he does not know where or which place she was taken to by a boy, does not know the boy and does not know who the four other persons present at the scene of offence were, she failed to identify any of the accused.
She stated that though she identified the accused in an identification parade held at the Mamlatdar’s Court, she stated, “Now I cannot recognize the persons and I do not know whether they are in the court or not.” All the accsued were present in the Court at the time.
In the fourth case, a 19 year-old from Jharkhand, Shambhu Gope was booked under Section 506 (II) (criminal intimidation) and 376 of IPC by the Pernem Police on the complaint that on October 28, 2015, at around 4 pm, he raped his wife’s cousin in a rented guest house room at Arambol and threatened her with dire consequences if she disclosed the fact to anyone.
In her statement before the Court, the victim stated that she had settled the matter and that she did not wish to say anything in the case, thereby putting an end to the whole case.
All the victims denied being under pressure from the accused or threats asking them not to speak the truth.
In fifth and six case, two other persons namely Ganesh Gouda (23) from Karwar and Shashikant Gaonkar (25) from Mauxi, Sattari were also granted acquittals on charges of rape. However, unlike in the previous four cases where the trial concluded within two to nine months, trials in these two cases went on for a year or two.
