Team Herald
MAPUSA: A major goof-up by the Anjuna Police led to the bail being granted to a rape accused by the POCSO Court, within a week of his arrest.
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On April 4, the Anjuna Police had arrested 36-year-old Deryl Francise Fernandes of Umta Vaddo, Calangute for allegedly kidnapping and raping a 16-year-old girl.
However, when the accused was produced before the Mapusa Court for further police custody, Adv Vinayak Porob arguing for the accused told the Court that the grounds and reasons for his arrest were not communicated in writing to the accused. Also the intimation of Deryl’s arrest was not given to his family members nor informed to his family members in writing. This was in violation of the constitutional mandate, he told the Court.
Following this, the Court released the accused forthwith. The incident occurred in March, but the frightened girl informed her family about the assault only in April. A police complaint was filed on April 3 and the rape was confirmed by the doctors.
Meanwhile, the police conducted the panchanama of the hotel where the alleged crime took place. Police sources revealed that they had submitted all the documents to the POCSO Court.
“We are in the process of appealing in the High Court. We will give justice to the victim,” the police said.
A senior police officer stated that the accused had refused to counter sign the notice issued to him. Nonetheless every entry is made in the station diary which will serve as corroborative evidence.
Police also argued that the wife had refused to accept the notice informing her about the husband’s arrest.
However, the advocate for the accused argued that the police should have pasted it on the house.
