from Special Correspondent
Daijiworld media Network - Panaji (GA)

Panaji, Nov 22: The Goa Bench of Bombay High Court on Friday November 21 termed the police investigations into German minor rape as 'neither just nor fair.’

“We have no hesitation in observing that the investigation into the case has neither just nor fair. The juri's prudence is to ensure that just, fair and logical investigation in accordance with criminal procedure code and police manual,” the bench ruled today.

The bench comprising chief justice Swatanter Kumar and Justice Nelson A Britto came down heavily on the investigating officers in the sensational German minor rape case.

The German lady had accused Goa state education minister Atanasio Monserratte’s son Rohit and public works department minister Churchill Alemao’s nephew Warren of sexually exploiting her 14-year-old daughter.

The bench which heard the case for most of the part of the day today also asked the police why the case be not handed over to the specialized agency like central bureau of investigation (CBI).

Expressing its reservations over the granting of bail to Rohit by Goa Children’s court, the High court also asked the state to issue show cause notice to the accused why his bail order should not quashed and be directed to surrender.

Superintendent of Police (North) Bosco George and police inspector Tushar Vernekar investigating the case were also warned by the bench to make sure that the investigation is fair.

The court also asked the police to ensure proper protection to the victim and complainant and also make sure that no harassment is caused to them.

The bench ruled that the investigating officer would take due care in future and ensure that fair and proper investigation is conducted.

The court observed that although the first information report against Rohit was registered on October 14, the accused was absconding unless accused himself surrendered before the police.

Ruling that it is the responsibility of the court to ensure that proper, fair and just inquiry is conducted in the case, the bench asked the state why investigation should not be handed over to CBI.

Referring to the complaint against Warren, the court asked the police to file affidavit stating what investigation is conducted against the accused after the complaint was filed against him on October 24.

The bench also expressed its reservations on the granting the bail to Rohit  by presiding officer of Goa Children’s court. “We are unable to find any merit in learned judge (Children’s court) completely overlooked that right from October 14, the accused was absconding. We have no reason to disbelieve that no efforts were intentionally made by police to apprehend the accused,” the order reads.

The high court chief justice Swatanter Kumar had suo motto taken cognizance of the case last month. The case is fixed for next hearing on December 10.