MARGAO
In a major development in the minor girl rape case allegedly involving Revenue Minister Atanasio Monserrate, the prosecution representing the government has filed an application before the South Goa Sessions Court, Special Judge Irsha Agha for the recall of the victim girl for her re-examination.
Public Prosecutor V G Costa moved the application under section 311 of the Code of Criminal Procedure and under section 154 of the Indian Evidence Act when the case came up for hearing before Judge Agha on Monday.
The application filed by the Prosecution seeking the recall of the victim girl for re-examination assumes significance and comes against the backdrop of the fact that the victim girl was examined by the prosecution and cross-examined by the defense.
The Sessions Court has fixed hearing of the Public Prosecutor’s application for reply by the defense and arguments on September 6. Trial of the rape case are being conducted in camera by the Special Judge Irshad Agha.
Section 311 in The Code Of Criminal Procedure, 1973 empower any Court, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or. recall and re- examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case.
Similarly, under Section 154 of the Indian Evidence Act, theCourt may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party.
Cross-examination of the minor victim girl was completed on August 23 last after the victim was cross examined by Mumbai-based celebrity defense counsel, Adv. Pasbola, representing Revenue Minister Atanasio Monserrate.
