Gang-rape: court grants bail to four accused PANJIM, JUNE 21 � BY HERALD REPORTER
After nearly one month in custody, three students and the canteen contractor accused in the alleged gang-rape of a Fine Arts student were released on Saturday as there was no prima facie evidence against them while Roy Fernandes was denied bail by the Additional Sessions Court at Panjim. Shrikrishna Kalghatgi (22), Vishal Dhuri (22), Audumbar Dabholkar - canteen contractor - (50) and Norman Fernandes (22), all fine arts students were granted bail on Saturday by the Additional Sessions Court as the police have not ascertained any prima facie involvement of these four in the alleged crime, as per the judge's order.Roy Fernandes (26), who was in same situation as co-accused Vishal Mehta (who was earlier denied bail by the High Court), was held to have had prima facie evidence against him, and was therefore denied bail. In his order, the Additional Sessions Judge, U V Bakre has held that there is ample prima facie evidence against Roy, which is equally applicable to Vishal Mehta, whose bail application was recently rejected by the Panjim Bench of the Bombay High Court. In addition, as the offence was of a grave nature, the possibility of his tampering with the witnesses, if released on bail could not be ruled out, and thus, he was not entitled to bail at this stage, held the judge. At present, the investigating officer was satisfied about the fact that the investigation revealed the involvement of only Vishal Mehta and Roy, observed the judge. In the reply to the present bail application filed by the investigating officer, it has been stated that the girl is still under trauma due to the offence committed on her, and also that it has been revealed that the girl was given drug laced cigarettes and raped while drugged. Though it was argued by the prosecution that after she was raped, her head was banged on the sink and she became unconscious, and therefore the possibility of the others having raped her could not be ruled out, the judge held that unless there was prima facie evidence, direct or circumstantial, against the other boys, they could not be said to be involved. The medical evidence/opinion of the doctors which does not rule out the possibility of drugging and ravishing of the victim girl, now prima facie, becomes applicable only to Vishal Mehta and Roy Fernandes, since the complaint of the mother of the victim girl and statements of other witness to whom the victim girl had made disclosure has to be read with the actual statement of the victim girl recorded by the police. Other disclosure which is not there in the actual statement of the victim girl will amount to mere hearsay evidence, held the judge. Statements of the college students have also shown no prima facie evidence against Dhuri, Norman, Dabholkar and Kalghatgi, nor has any clue to the source of drugs in the college come to light, observed the judge. The judge negated the argument that Dhuri, Norman, Audumbar and Shrikrishna could tamper with the students who may disclose the source of drugs, etc, on the grounds that prima facie involvement of these four could not be ascertained by the police even after giving them a lot of opportunity and time. He also held that merely because roses were given to the girl by Dhuri, Norman and attempted to be given by Shrikrishna, this could not be taken as a sequence to connect them with Vishal and Roy, who had also given roses.Dhuri, Norman, Audumbar and Shrikrishna should now enjoy liberty of bail, held that judge, since nothing worth mentioning is against them which could incriminate them prima facie. The report of the chemical analysis of the urine sample and the DNA test will take some time to reach and it does not seem to proper to keep these four in custody, observed the judge.He therefore released them on their executing a bail bond of Rs 15,000 each with one solvent surety in the like amount.He has also directed that they will not tamper with any witnesses, nor have any contact with the victim girl and asked them to report to the CID crime branch whenever necessary. ************* ########################################################################## # Send submissions for Goanet to [EMAIL PROTECTED] # # PLEASE remember to stay on-topic (related to Goa), and avoid top-posts # # More details on Goanet at http://joingoanet.shorturl.com/ # # Please keep your discussion/tone polite, to reflect respect to others # ##########################################################################
