How Goa court found Vikat Bhagat guilty of rape-murder of Irish tourist
A Goa court on Monday sentenced Vikat Bhagat to life imprisonment for the 2017 rape and murder of a 28-year-old Irish tourist at Palolem beach
A discarded bag with torn clothes and a broken glass was the key evidence that led to the conviction of Vikat Bhagat in the 2017 rape and murder of an Irish tourist in Goa, reveals Monday’s court order.
Bhagat, 31, who was sentenced to life imprisonment for raping and murdering the 28-year-old tourist at Palolem in South Goa, had pleaded not guilty in the case and claimed that he was in a “relationship” with the victim and had no reason to murder her.
However, sessions judge Kshama Joshi found him guilty of rape and murder, noting that items similar to those found in the bag the police recovered at his instance were also found at the scene of offence.
It included a piece of torn undergarment and broken spectacles — parts of which were found at the crime scene as well as in the bag.
Bhagat dumped the bag that was conclusively identified as belonging to the Irish tourist, after committing the rape-murder. It was also established that he was the one who was last seen in the company of the victim.
“Forensic and Medical evidence and the Recovery panchnama by which recovery of the articles of the deceased and clothes of the deceased in the black bag which have been identified by the witnesses to have been worn by the deceased on that day were recovered at the instance of the accused,” the judge said in her 350-page order, a copy of which was made available on Tuesday.
“That the articles such as glass pieces which were having blood stains were in the bag which was recovered at the instance of the accused and some of the glass pieces were found at the scene of offence which were examined by the expert and found to have human blood. So also, a piece of bra was found at the scene of offence and the two pieces of the bra cups were found in the bag which was recovered at the instance of the accused and the bra was torn, similarly broken spectacle one piece was found at the scene and the other in the bag. There is no explanation as to how the black bag of the victim came in possession of the accused,” the judge noted.
“So also, it appears that the accused must have removed her clothes and hurriedly put the clothes and other articles which he could pick from the scene and put in the bag and took the bag after the incident and concealed it and some of the items remained at the scene,” the judge added.
The judge noted that the torn bra and the broken spectacles also “show the resistance by the victim”.
“The waist belt which was worn by the victim and has been identified by witnesses was recovered at the instance of the accused and there is no explanation as to how the accused came in possession of the clothes of the victim which were lying at a particular place,” the judge said.
“If one considers the depositions of … [witnesses] and the Bar owners), the last seen theory that the accused and the victim were seen together stands proved and the prosecution has also proved the other circumstances which link the accused to the crime pointing out to the guilt of the accused and the accused has failed to explain the same,” the judge said.
“In the present case all the witnesses have deposed about the accused and the deceased being together on that day at least upto 9.15 pm and the time gap between the last seen and the death of the deceased is about 8 to 9 hours and it need not be that the time gap in every case has to be small and it depends upon the circumstances of the case,” the judge added,
The court also took on record the injuries noted on the victim’s body and on the accused to rule that the accused had raped the victim, disregarding the theory of consensual sexual intercourse put forth by the accused.
“The injuries on the body of the deceased which shows that there was resistance from the deceased and the doctors have also opined that there was forcible sexual intercourse. The motive of the accused can be derived from the circumstances that he upon conducting forcible sexual intercourse and as the victim would disclose the fact, she was murdered and her clothes were removed and face was smashed to suppress her identity and in order to conceal the crime,” the court said.
“From the evidence of witnesses produced on record by the prosecution in this case as well as the medical evidence, Forensic evidence and the recoveries made at the instance of the accused as well as the last seen theory being proved beyond doubt and for the reasons stated herein above, I hold the accused guilty only for the offences punishable under Sections 302 (murder), 376 (rape) and 201 (causing disappearance of evidence ) of IPC and convict the accused and acquit the accused for the offence under section 394 (robbery) of IPC,” the court said.