Daijiworld Media Network - Panaji

Panaji, Feb 28: The High Court has granted bail to Upendra alias Rupendra Naik, a 28-year-old labourer from Odisha, who has been in judicial custody for nearly six years in connection with the alleged rape and murder of a woman at a construction site in Salvador do Mundo.

While allowing the bail plea, the High Court observed that the prolonged incarceration without conclusion of trial amounted to a violation of the right to a speedy trial under Article 21 of the Constitution.

The case dates back to February 7, 2020, when a woman labourer went missing from a rented room she shared with the complainant. According to the prosecution, the complainant had been drinking with the accused at a local bar on the night of the incident and was allegedly persuaded to consume alcohol until he became incapacitated.

The victim’s body was found a few days later in nearby bushes. A post-mortem report stated that the cause of death was asphyxia due to smothering, along with ante-mortem injuries.

In its order, the High Court noted that the primary evidence against Naik was the statement of a co-accused juvenile. The court described the statement as a “weak piece of evidence” lacking corroborative material.

Granting bail on a personal bond of Rs 50,000, the court observed that the trial had progressed at a “snail’s pace” and there was no likelihood of the evidence being concluded in the near future. Of the 33 witnesses cited by the prosecution, only two have been examined in the six years since the filing of the charge sheet.