the goan I network
PANAJI
Newly elected Panaji MLA Atanasio “Babush” Monserrate will have to face trial after the North Goa District and Sessions Judge Sherin Paul rejected his plea to drop charges and discharge him in a rape case of a minor girl.
Monserrate had argued that owing to the irreconcilable contradictions in the six different statements that the victim girl had given including two sworn before a magistrate, he should be discharged as the case lacked credibility.
However, judge dismissed the contentions and ordered that charges be framed as named in the chargesheet including rape, wrongful confinement and offences under the Prevention of Children from Sexual Offences (POCSO) Act.
“The judge has ordered for charges to be framed on all those sections and charge is going to be framed on June 12. The second accused is going to be charged with abetment of these offences,” Public prosecutor Roy D’Souza told reporters.
Reacting to the development Monserrate said that the order was not unexpected.
“We had asked for dropping of charges. We had filed for application before the framing criminal charges. So now we will have to go through the procedure of facing a trial so we will do that,” Monserrate said.
“We will move the High Court basically to expedite the matter. So we will be working on that because I want that this case get over as early as possible,” he added refusing to challenge the order of the district court. He said that he had in the matter concerning
the attack on the police station, he had approached the High Court but because of that the matter is still pending.
“I am not going to challenge this order for the simple reason because we have challenged that order before framing of charges regarding police station (attack). Now thing is hanging in the HC for three four years. I believe that by now that matter would have got over,” he said.
“We are going to face trial here. We will go to the HC to tell them to expedite the matter. I want to tell them basically to finish it. Even it if goes on daily basis I want to finish it. This order was on expected lines,” he said.
During the hearings, Monserrate’s lawyers argued that the statements given by the victim were not credible and were contradictory.
The victim had in a statement given to the police in 2016 accused Monserrate drugging and sexually assaulting her after she was sold to him by her mother Rs 50 lakh. The police however didn’t find sufficient evidence to charge the mother.
The legislator was released on bail after his defence argued that her tale didn’t add up and that there were several loopholes in her account.
Monserrate had then accused the ruling dispensation of deliberately targeting him ahead of the Goa Assembly elections and has denied all the charges against him.
Monserrate spent around eight days in jail after he surrendered before the police.
Prior to the by-polls the victim girl went missing from the shelter home where she was being rehabilitated but was found to be living in Mapusa with her friend shortly after polling was held.
