My dear Dr. Samir Kelekar, Please allow me to state that for an educated man, your standard of interpretation (or should I say, penchant for mis-interpretation) is absolutely astonishing.
The question in court will NOT be if any sexual activity occurred .... but WHO the REAL rapist(s) is (are). Please allow me to also advise you that as far as the law goes, the only rape (and rapist) is the one which/who is proved to be one. You know it differently ....please advise us all. I will further suggest to you that the Goa Children's Act is IMHO unconstitutional and contrary to Human Rights. Your logic and that of the bizarre Goa Children's Act is like that of Mario and Bush who wanted Sadaam to Prove that he did NOT have any fugetio! What nonsense is that ! ? I seriously hope that someone with money is there to take this case (and this bizarre provision in the Act) all the way to the Supreme Court. There has been some international discussion about this provision in the Goa Act. Hopefully, somebody will be found guilty and there will be more international discussion on the sheer stupidity of the provision.....and of the lawyer who used it for purposes he knows best. Now, I am sure that you, Samir, will advise me HOW to pin-point who the rapist is/was without DNA (or imaging) evidence or a voluntary Confession. Please go ahead and "kamaal karo" so that I can say 'Wah re Samir Sahab, Tumara to jawab nahim' (iow ...Brilliant, my dear Samir ....absolutely brilliant) Many years ago, it may have been the Standard of Care to give Life-Leaf for "shortness of breath" and kidney conditions OR to give White Bells (Datura) - dried & then smoked in a clay pipe as a cure for asthma and influenza. You believe that, in 2008, a doctor (apart from our world renowned Goan Nobel laureate) would survive in court IF he was practising this type of medicine and was sued for a negligent death? Similarly, Dr. Kelekar, the Standard of Proof in medico-legal cases has changed. Only a fool will go into court without being armed with DNA or video evidence ....or a voluntary confession. When you have the time, please review the following sites: http://www.innocenceproject.org/ http://www.koshland-science-museum.org/exhibitdna/crim01.jsp Please try answer this question, albeit to yourself: Based on the "prove you did not rape the victim" standard, Can you not be charged with "Rape"? How will you prove that you have NOT had any sexual contact with your accuser? How will you react IF you were a pawn in the larger political game of "Chief Minister Kaun Banega"? I will suggest that it is fairly easy (based on the bizarre standard of the Goa Children's Act) to prove any accused guilty. If the intention is political, the immediate effect will be political. Never mind if the Higher Courts, at some later date, overturn the decisions of the Court of first instance - the political objective would have been long achieved! Understand this clearly: I have never said that a Rape did not occur or that X or Y could not have committed it. All I am saying is that there is a strange smell in Panjim ....and it is not from the voluntary or involuntary donations to nature of the "bhaille" who are pictorially described by Rajan and JoeGoaUK. I have also maintained that IF the rape in proved or confessed to, the rapist whoever it is - should be given the appropriate sentence. All those who violate the law must be dealt with equally. This includes ANYBODY who has violated the law by helping identify (in the press) the young child who may have been raped. sincerely jc ps: and I thought that English was a simple language! === Samir Kelekar wrote: 1: As per JC, in times before this DNA technology was developed.....there were no rapes. 2: Because the only way a rape can be proved is by DNA technology. And if you can't prove a rape by using DNA technology, there is no rape. Wa re wa....JC tune to kamaal kar di ya... 3: Is it that Babush does not read Goa Net ?
