Cops charge Monserrate with rape of minor in 2016

PANAJI: Women’s cell of Goa police on Wednesday filed a chargesheet against former education minister Atanasio ‘Babush’ Monserrate in the 2016 alleged rape of a minor girl. And while the suvivor had alleged that her mother had sold her to Monserrate in the police complaint, the police has not found sufficient evidence to name the mother as an accused in the case, officials said.
The girl had also alleged she was drugged and then raped by Monserrate.But, officials said, drugging is not one of the charges against Monserrate in the 250-page chargesheet.
Police have added 40 witnesses in the case in the chargesheet.
Other than Monserrate (then St Cruz MLA), the survivor’s neighbour is the other accused in the chargesheet, filed before the district and sessions court, Panaji.
According to the complaint by the suvivor, it was the neighbour who convinced her mother to take her to Monserrate, on the assurance that the politician would ‘take care of them’.
Monserrate is currently out on bail. Probe in the case was completed by end of 2016, but the police had been waiting for reports of the evidence material sent to the Central Forensic Science Laboratory (CSFL) for testing before they could file a chargesheet in the case.
Sessions court will begin process of framing charges
The minor’s cell phone and a bedsheet from Monserrate’s house had been sent for testing.
When the FIR was filed, charges under Goa Children’s Act were added.
But following an ossification test of the girl, she was found to be above the age of 16 when the alleged rape took place and therefore the Sections under Goa Children’s Act do not apply and have been dropped, officials said.
But other than being chargesheeted for rape under Section 376 of the Indian Penal Code, Section 506 of Protection of Children from Sexual Offences (POCSO) Act has been applied as the girl was under 18 years at the time of the rape.
The survivor was initially housed at the state protective home Apna Ghar and is currently in safe custody under the supervision of the child welfare committee, officials said.
The accused have also been booked under Section 67 (b) and (c) of the Informatoin Technology (IT) Act for use of a cell phone in the alleged crime and for possessing photographs of the survivor on a cell phone.
The district and sessions court, Panaji, where the chargesheet has been filed, will now begin the procedure for framing of charges in the case, following which the case proceedings will begin.