the goan I network
MARGAO
The South Goa Sessions Court on Friday passed an order to produce the accused in the Betalbatim gang rape before the Juvenile Justice Board after an ossification test conducted on him revealed that he was a minor at the time of the incident.
The Court allowed an application moved by the prosecution seeking the production of the accused Ram Bariya before the Juvenile Justice Board on May 21.
The prosecution had moved an application after the ossification test showed that Ram Bariya, now 18 and half years, was a minor when the Betalbatim gang rape was reported on May 25 last month. The application moved by the prosecution was not opposed by the Defence lawyer.
The latest development in the Sessions Court implies that Ram Bariya, against whom the court had framed charges for gang rape, robbery and other offences, may now not be tried by the criminal court.
Ram Bariya’s lawyer appointed under the free legal aid scheme, Adv Amay Prabhudesai, said that he may not represent his client any longer since the Sessions Court has now passed an order to produce the accused before the Juvenile Justice Board. “This means that my client, who was a minor at the time of the incident, may be tried as per the Juvenile Justice system. We have to wait for the Juvenile Justice Board to take a decision,” Adv Amay added.
With the main accused Ishwar Mackwana still at large after he gave the Goa police a slip while being taken to a hospital at Panaji, and with the Sessions Court now passing an order to produce the second accused Ram Bariya before the Juvenile Justice Board, the trial court will have to proceed against the third and lone accused Sanjeev Pal in the case.
The Colva police had last year chargesheeted the three accused, including the dreaded assailant, Ishwar Mackwana (27), Ram Bariya (19) and Sanjeev Pal (23) under various provisions of the IPC, including gangrape of a 20-year-old girl, besides robbery, extortion, wrongful restraint and extortion.
While Sanjeev Pal and Ram Bariya are undergoing trial in the case, the main accused Ishwar Mackwana had given the Goa police a slip while being taken to the hospital at Panjim. He is still at large.
In the chargesheet, the Colva police had stated that the accused persons on the night of May 24, between 8.20 pm to 8.50 pm, the accused persons wrongfully restrained the complainant victim and her boyfriend and threatened them with dire consequences before inducing the boy to hand over the keys of the scooter, thereby committing robbery.
The police further stated that the trio assaulted the victim’s boyfriend with fist blows and thereafter they had forceful sexually intercourse with the victim in turns against her wish and consent.
The accused were further accused for forcefully getting the victim and her boyfriend to undress before clicking their photos and video in a semi-nude state.
