Panaji: The Court on Thursday ordered the prosecution to file their reply in connection with the plea of BJP MLA Atanasio Monserratte, who has been accused of raping a minor girl, to provide the birth certificate of the victim.
The case was heard by North Goa District Judge Sherin Paul on Thursday during which the lawyer defending Monserratte urged the Court to ask the prosecution to produce Birth Certificate of the victim, who has been termed as a minor in the chargesheet.
The Judge ordered that the prosecution should file their reply on September 19, when the case will come up for hearing next.
Advocate Damodar Dhond, the lawyer defending told the Court that the investigating officer has claimed that the birth certificate of the victim did not exist, which would have ascertained her age.
“But victim’s mother has produced birth certificate before the state appointed Child Welfare Committee. The prosecution should be asked to produce the birth certificate of the victim before the court,” he said.
Dhond pointed out that the ossification test conducted on the victim was the only evidence available before the court to determine her age. “The ossification test says that the child is between 17 to 18 years of age. The Birth certificate would establish how old the victim is,” he said.
Monserratte has been charged for raping a minor girl in the year 2016. He has also been booked under various sections related to human trafficking and Goa Children’s Act.
Monserratte who won on Congress ticket in Panaji by election held this year, shifted to BJP earlier last month along with nine other MLAs of his party.
