Panaji Fast Track Court Rejects Bail Applications in Alleged Gangrape Case
Panaji: In a significant ruling, the fast track special court in Panaji on Monday dismissed the bail applications of two men, Rowan Abranches, 22, and Mecwin Andrade, 26, who are accused of the alleged gangrape of a 21-year-old woman under the Zuari bridge last month. The court emphasized that bail cannot be granted due to the seriousness of the offence and the preliminary stage of the investigation.
Court Cites Severity of Crime and Victim Examination
Presiding officer Pooja Kavlekar of the fast track special court, which handles cases under the Protection of Children from Sexual Offences (Pocso) Act, stated, "This is a case of gangrape, and at least until the victim is examined, the accused cannot be released on bail." The court highlighted that the matter is still in its early phases, with key evidence like the DNA report pending, reinforcing the decision to deny bail.
Details of the Alleged Incident
The survivor reported to the police on March 18, detailing that on March 17, between 3:30 PM and 9:30 PM, two unidentified individuals raped her. According to her statement, she met the accused at Bambolim beach, where they developed a friendship. They then offered her alcohol, took advantage of her intoxication, and led her under the New Zuari bridge at Cortalim. There, they further gained her confidence, offered more alcoholic drinks, and raped her while she was in an unconscious state.
Defense Arguments and Court Observations
The advocate representing Abranches and Andrade argued that the survivor voluntarily accompanied the accused, thus warranting bail. However, the court observed that the survivor's account contradicted this claim. She stated that when she refused to drink beer, the accused forced her to consume more alcohol, leading to heavy intoxication and loss of control. The court noted injuries on her body as per the medical report and that her statement corroborated the initial complaint.
In response to the defense's question about how the survivor returned home on her bike if intoxicated, the court pointed out that she had vomited, which could indicate she regained enough senses to ride. This observation was used to counter doubts about her state of consciousness.
Legal Implications and Ongoing Proceedings
The dismissal of bail applications underscores the court's commitment to ensuring justice in cases of sexual violence. With the DNA report awaited and the victim yet to be fully examined, the legal process remains active. The court's decision aligns with efforts to prevent potential interference or intimidation during the investigation phase.
This case highlights the challenges in balancing bail rights with the need to protect victims and ensure thorough investigations in serious crimes like gangrape. The fast track special court's ruling sets a precedent for handling such sensitive matters in Goa, emphasizing victim safety and procedural integrity.
