JOHN FRENANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Shri. Ashwin Naik, learned Counsel on behalf of the applicant and Shri. C. A. Ferreira, learned Public Prosecutor on behalf of the State.

(2.) The applicant herein is an accused against whom a charge-sheet has now been filed on 15-2-2010 under Sections 354, 509, 504, 33, 376, 201,I.P.C. and the case has been committed to the Court of Sessions. The accused has approached this Court for bail, -after the same has been denied to him, by the learned Additional Sessions Judge, Margao by Order dated 26-2-2010, after the filing of the charge-sheet. Earlier, bail was also denied to the accused by the learned Additional Sessions Judge by Order dated 20-1-2010.

(3.) Some facts are required to be stated to dispose off the bail application. The victim (name withheld) and one Ksenia are both Russian Nationals. The former works at Hotel Leela and lives in with one Milroy Antao. Ksenia is a friend and business partner of one Tavish Aguiar who is in the business of water sports. The accused is also in the business of water sports boat building. On 1-12-2009 both the ladies went out for dinner at Colva Beach to a restaurant known as "Boomerang" and continued to be there till about 2.00 a.m. of the next day. They were joined earlier by the accused and they all took drinks and the accused offered them to be dropped home. The said Ksenia was dropped first, and on the way to the flat of the victim the incident of rape took place, regarding which a complaint came to be filed by the said victim at Colva Police Station at about 16.25 hours of 2-12-2009. The investigations were then transferred to the CID, Crime Branch, at Panaji by Order dated 4-12-2009 of the Deputy Inspector General of Police, Goa who is now on affidavit to say that the said investigations were transferred to the CID, Crime Branch because the incident had received media attention and the victim was a foreign national who had levelled allegations about the conduct of the local Police, and, therefore in order to ensure thorough professional and impartial investigation the case was transferred to the CID, Crime Branch, Panaji.