TNN | Dec 28, 2012, 02.25 AM IST
In another case the same year, local politician John Fernandes got the benefit of doubt as the 26-year-old Russian complainant failed to bring out the true facts of the case before the court. The additional sessions court observed that there were several lapses in investigation and these lapses could have been covered by the prosecution by establishing the case beyond doubt.
In yet another case, a juvenile charged with raping a nine-year-old Russian on Arambol beach in January 2010, was exonerated by the children’s court due to inconsistencies in the testimony of witnesses. The court noted that the identification parade involving the accused was not conducted as per the guidelines. The court stated that the prosecution should have examined the artist, who had drawn the portrait of the suspect after he fled. “Suppression of this material fact from the court should lead to adverse inference,” the court observed.
The case of Scarlett Keeling is the only one that continues in court. In October 2009, CBI had filed a supplementary chargesheet in the case in the children’s court. In March 2010, the court framed charges against Samson D’Souza for culpable homicide not amounting to murder and sexual abuse of the victim, while another accused, Placido Carvalho, faces prosecution for abetment of the offences.
While the prosecution has examined some witnesses, the state children’s court in October, 2012, allowed an application filed by CBI seeking the examination of a British witness, Michael Mannion alias Masala (popularly known as Mike Masala), through video-conferencing. The case is likely to come up for hearing next month.
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