PUBLIC PROSECUTOR WATCHES AS A RAPIST IS RELEASED FREE

PANJIM: To the utter surprise of the public a 25-year old man convicted of raping a 15-year old girl was allowed to go scot free, which was not opposed by the Government’s public prosecutor, Carlos Ferreira.  It solely appears that the neither the prosecution nor the police were interested in filing an appeal against the release of the convicted rapist.

The PP withdrew the appeal made by the State to the High Court to enhance the sentence against the rapist without taking the permission of the Director of Prosecution. Further the PP did not object to the accused appeal that proceedings against may be dropped because of the consensual nature of his relationship with the victim. This was later proved to be fraudulent.

The accused who went in appeal to the High Court against his conviction by the Goa Children’s Court, in 2009, was let off by the High Court, after stating that he would marry and live with the victim. The Law Department has now found that the accused had lied to the court, and had neither married nor lives with the victim.

The Law Department realising that “fraud was played upon the High Court”, has now recommended to the Government to file a review application and recall the High Court’s order. It has also sought an explanation from Ferreira.

Accused Jitendra alias Ronak Shirodkar was held on charges of kidnapping and raping a 15-year old girl, in January 2005.  The prosecution had alleged that the accused had kidnapped the victim girl while she was returning after school and raped her.

The Children’s Court convicted him under section 376 (rape ) r/w 8(2) of the Goa Children’s Act, 2003 but was acquitted under section 363 (kidnapping) of the Indian Penal Code. Subsequently, the accused filed a criminal appeal while the State filed an appeal for the enhancement of his sentence under 376 IPC.

However, the accused along with the victim filed an application in the High Court stating that the “that the January 25 incident was consensual and now they want to live together and therefore, the proceedings be closed”.

Ferreira who represented the State did not raise any objection when the defense made its submission before the High Court.  Considering the request and the stand taken by the State, Justice N A Britto disposed off the criminal appeal and also reduced the sentence to 24 days — the period of sentence already undergone by the accused.

Moreover, High Court also allowed the prosecution to withdraw the criminal appeal filed against the acquittal of the accused for kidnapping.  However, it has now come to the knowledge of the Law Department that the accused “is neither living with the victim nor is married to her. It has also discovered that the victim was not aware of the appeal filed.

It has been learnt that in this case the public prosecutor had not taken approval of the Government for withdrawing the appeal. She also clarified that the special public prosecutor cannot agree to withdraw the appeal on behalf of the State without approval from the director of prosecution or the Government. Moreover, Police Inspector Wilson D’Souza whose name appeared on the appeal, had not intimated director of prosecution about the withdrawal of the appeal.