the goan I network
PANAJI
Goa Children’s Court acquitted one Shohini Mahajan, resident of Dongri, Navelim, Salcete in a 2009 case of engaging an 11 year-old girl in domestic employment at her residence while rapping the complainant Nishtha Dessai, director of Children’s Rights in Goa (CRG) and the investigating officer Police Inspector Paresh Navelkar for delaying the investigation into the case.
In her judgment, Children’s Court President Vandana Tendulkar listed the glaring lapses in the investigation while stating, “It is material to note that there is a considerable unexplained delay at every stage of investigation in the case right from the lodging of complaint for registration of the FIR.”
The Court slammed the delays in reporting the offences to the police, in recording the statement of the victim and lapses such as reference to the victim as a male in her magisterial statement, absence of official documents from Apna Ghar, non-recording of statements of the person who found the victim, Mahajan’s neighbours as well as Mahajan’s two maid servants.
The judgment stated that the delay tendered more scope for tutoring the child witness while also observing that the magisterial statement refers to the victim as ‘him’ and ‘his’ denoting a boy and not a girl.
While the girl’s testimonies were recorded almost three-and-half to four years later, during which time she was lodged at Apna Ghar, her police statement was also recorded after a delay of one month.
Inconsistencies were noticed in testimonies of the victim, weakening the case further. Neither the panchnama nor the medical examination supported the girl’s claims of abuse at the hands of Mahajan.
As per the chargesheet filed, the paternal aunt of the victim, one Savitri Mallor, resident of Taleigao and native of Hulbi-Dharwad, Karnataka prior to October 2008 committed child trafficking by transporting the girl from her native home in Shisnal, near Hubli, Karnataka to Goa and by keeping her for domestic employment at the residence of Mahajan in Navelim.
The case against Mahajan was that she kept the girl not related by blood without the prior written permission of the Director of Women and Child Development and physically and psychologically abusing the child while forcing her do housework.
The Court has ordered the matter against Mallor to be kept dormant as she is absconding.
On receiving a call on the afternoon of October 12, 2009, CRG director Dessai personally collected the child.
Prior to Oct 2009: Aunt brings girl to Goa, keeps her for five days at home before sending her to Mahajan’s residence
Oct 12, 2009: CRG office receives call about a young girl found at Panaji bus stand. CRG director Dessai collects the girl and later entrusts her to Apna Ghar
Oct 13, 2009: Margao police register missing report after victim’s aunt approaches them
Oct 15, 2009: Child Welfare Committee directs Dessai to locate child’s place of employment
Oct 19, 2009: Dessai’s formal complaint dated Oct 15, 2009 inwarded at WCP unit
Oct 29, 2009: Girl’s medical examination fails to support her allegations
Nov 18, 2009: Police panchnama at Mahajan’s residence does not find any belongings of the girl
Feb 4, 2013 and April 1, 2013: Almost three-and-half to four years later, girl’s testimony recorded
