MARGAO
The minor girl rape case allegedly involving Revenue Minister Atanasio Monserrate is back in the news, this time over the jurisdiction of a male Sessions judge in conducting trial of a rape case.
Months after the High Court transferred all criminal cases involving politicians to the South Goa Principal Sessions Judge Irshad Agha for trial, a legal question of sorts has come to the fore whether the minor girl rape case can be tried by a male judge or by a lady Sessions judge.
For, Friday saw the Public prosecutor representing the government moving an application before Sessions Judge Irshad Agha seeking transfer of the minor girl rape case allegedly involving Revenue Minister Atanasio Monserrate to a lady judge.
In fact, trial in the minor girl rape case was scheduled to commence from Friday with the examination of the victim girl. However, when the matter came up for hearing before Judge Agha on Friday morning, Public Prosecutor V G Costa moved an application before the Court seeking transfer of the case before a lady judge.
Moving the application before Sessions Judge, Agha on Friday, the Public Prosecutor submitted before the Court that the case should be transferred to a lady judge since the case pertains to atrocities against women. He further contended that the main charges framed against the accused persons are under Section 376 of the IPC and Sections 3 & 4 of the POCSO Act, which are very sensitive offences.
In support of his application, Public Prosecutor Costa has relied on the circular issued by the Registrar General of the Bombay High Court dated March 7, 2013 in respect of the trial of rape cases by lady judges.
He has also relied on the circular in connection with the Amendment to Section 26 of the CrPC in the 2008 and the coming into force of the Amendment in the year 2009, mandating hearing of rape cases by lady judges. Public Prosecutor has therefore prayed the minor girl rape case be transferred to any other Woman Additional Sessions judge.
On Friday, Revenue Minister Atanasio Monserrate did not turn up for the hearing and his lawyer Adv Dhond drew attention of Judge Agha that the Minister was preoccupied with the government’s Administration to the doorsteps programme.
Reply and arguments to the Public Prosecutor’s application for transferring of the case to a lady judge, as well as the application filed by the lady accused will come up for hearing at the next date scheduled on March 24.
Meanwhile, the summons issued to the victim girl for examination in the case has not been returned. Adv D Dhond has filed an application on behalf of accused No. 2 seeking return of her passport for renewal.
