TEAM HERALD
PANJIM: The police’s defense that the Children’s Court released the alleged statutory rape accused Motilal — married and a father — accused of allegedly raping a minor has raised serious questions about the manner in which the government including the police have handled the critical issue. The police say that the Children’s court released the alleged rapist based on the minor’s statement that the relationship was consensual even as the law does not permit the ‘so called consent’ in such cases. Interestingly, the matter was also heard in the children’s court making it evident the girl is a juvenile.
It is also completely unclear what the stand of the prosecution was while objecting to accused’s bail application before the court or whether they have appealed in the higher court against this order given that the accused is married and kidnapped (according to a complaint filed by victim’s mother) on April 7.
Before he was traced on April 15, the police had charged him under Sections 363 of Indian Penal Code for kidnapping and Section 8 of Goa Children’s Act. After the girl’s statement was recorded and she was found pregnant, the police invoked section 376 (rape) of IPC and Section 8 of POCSO Act.
The victim, (between 16 and 17 years) who was lodged at “Light House”, by her mother, had returned home in March-April for summer vacation.
The role of the home too has not been probed by the police and there has been no transparency as to where the other 30 plus children are. This is even as one shelter home stated a few children were admitted based on parents’ request, but there was no personal intervention by Light House.
“…Children’s Court Panjim released the accused on bail based on the statement of the victim in which the victim had disclosed that she had gone away with the accused from her house at her own will and no force or coercion of any sort was used, thus based on the above circumstances the Hon’ble Court was pleased to grant bail to the accused,” said North SP Priyanka Kashyap.
“(Mentioning the IPC, GCA, POCSO Sections) thus the police has no authority to grant bail and only court has the requisite authority as per law,” she said, defending herself.
However, the girl’s statement does not hold much water as she is a minor, feel people in the field and her consent still comes under the purview of Juvenile Justice Act.
According to women’s activist Sabina Martins, “Sex with a minor is a crime even if the minor had so-called consented, it is not valid. The issue is not about granting bail. In the case of a minor, consent may be manufactured and that is why there is a law protecting their interest.”
Will the police be kind enough to answer these?
1) On April 15 a case was registered and the victim gave a statement stating she was pregnant. What action did the police take to question the heads of the NGO Light House, in whose protection she was?
2) The duo who ran the Charity shut shop and according to a former staff, left for the UK in April. This is September. What has been the role of the North Goa SP in tracking them down and bringing them here for questioning?
3) We charge the Goa police with not even knowing that Light House has been shut for five months. We ask them to respond to this charge.
4) Why is the Goa police not aware of the whereabouts of the 30-odd children, fellow inmates of the ‘rape’ victim, since sex with a minor is not consensual under the JJ Act?
5) Once bail was granted to the accused by the Children’s Court, why hasn’t the Goa police moved a Higher Court to over-turn the order and take the accused in custody? This isn’t about once stray incident, it remains to be seen if other Motilals were in that campus and whether this minor girl was his only ‘victim’
