Team Goemkarponn
MAPUSA: A major procedural error by Anjuna Police led to the release of a rape accused by the POCSO Court, barely a week after his arrest.
Deryl Francise Fernandes (36), a resident of Umta Vaddo, Calangute, was arrested on April 4 for allegedly kidnapping and raping a 16-year-old girl. The incident occurred in March but came to light only in April after the victim, initially frightened, informed her family. A formal complaint was lodged on April 3 and medical reports confirmed the assault.
However, during a hearing in the Mapusa Court, the accused’s advocate, Adv Vinayak Porob, argued that the arrest violated constitutional safeguards. He said the accused was not given written reasons for his arrest, and his family was not informed in writing — a mandatory legal requirement. The Court, taking note of the lapse, granted bail to the accused.
Police officials claimed Fernandes had refused to sign the arrest notice and that his wife declined to accept it. They added that the arrest was recorded in the station diary and all necessary documents were submitted to the POCSO Court. However, the defense pointed out that the police failed to paste the notice at the accused’s residence, as required when a family refuses to accept it.
“We are in the process of appealing in the High Court. We will ensure justice is served to the victim,” a senior police officer said.
The police had earlier conducted a panchanama of the hotel where the alleged crime occurred.
