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German rape: Probe neither ‘just nor fair’, says HC

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Agencies

Posted: Nov 21, 2008 at 1736 hrs IST

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

"We have no hesitation in observing that the investigation into the case is neither just nor fair. The jurisprudence is to ensure that just, fair and logical investigation in accordance with criminal procedure code and police manual," the Bench ruled on Friday.

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 also asked the police why the case be not handed over to the specialised 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 be quashed and he 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.

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good observation by AMB on 21 Nov 2008

WHAT ELSE CAN ONE EXPECT IN CONGRESS RULED STATE. GUILTY IS NOT GUILTY AND NOT GUILTY IS GUILTY DEPENDING ON WHICH SIDE YOU ARE. FACTS ARE IMMATERIAL.

We can easily imagine how common Indians live by jay on 21 Nov 2008

This is the fate of a high profile case. Even HC admits that investigation is not fair and just. We can easily imagine what happens to common Indians when they are victims. If that lady was a poor, tribal girl instead of a German lady, she would now be in a brothel or murdered after repeated rape and torture by our system. Minister, police, judge, lawyers all will enjoy that humiliation and media will never report such cases. Sometimes I really wonder why Indians do not take laws into their own hands! At least some are doing just that and the sign indicates that trend to increase. No wonder army or police can not suppress extremist movements like naxals in many parts of the country.

It is like a father abusing his son for some wrong doing. by Sanjin on 21 Nov 2008

What type of judgment is this. It is like a father abusing his son for some wrong doing. We really want the culprit to be punished and India pride tarnished because of this , restore some of his pride. here every thing left it to Goa police and result will be the same. Because I do not think they feel any shame at all for this type of act.

Kudos to the two judges for striking a major blow in favor of justice and fair - play. by SHAHABUDDIN NADEEM on 21 Nov 2008

Our higher judiciary has once again made a significant blow in favor of rule of law and justice. We would'nt know what might have been the state of affairs in our cuntry but for such bold and daring judicial orders from our higher judiciary.

GOA the full meaning by Manu on 21 Nov 2008

The increasing rape and sexual assaults in Goa is big dent. The people who come from outiside shoudl refrain from being so close to the lcoals in Goa. Being an NRI i know where ever i go and i say i am from india the first thing they say is either they liked Goa or they wish to go Goa n then Kerala. Recently i was asked by few of my UK colleagues about the scarlet's murder case etc.. see these things actually shut us up. u know the world is waiting to dig out the negetive and only negetive things about india to malaign our image. I dont understand why these guys are doing like this. if they are that much crazy for sex then there are many other ways to kill the thurst!! Its high time to stop these crimes in Goa. There is a saying GOA means GIRLS OCEAN and ALCOHOL...

German rape: Probe neither ‘just nor fair’, says HC by Syamasundara prasad Turaga on 21 Nov 2008

At last good sence prevailed. Courts are trust worthy with just juges. Nobady is above "LAW". This lession should be taken by the present day local leaders and law enforcing authorities. Goodshow.

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