Patiala Home Court docket in Delhi has advisable the extradition of a fugitive legal (FC) who is needed in reference to a 2017 bar rape case in London.
Jose Inacio Cota, the wished legal, is a local of Goa and a Portuguese nationwide.
His arguments relating to the veracity of the proof (papers) used towards him had been dismissed by the court docket. As well as, he contended that he’s the sufferer of racial discrimination and that the legal case towards him in Goa prevents him from being extradited.
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Further Chief Metropolitan Justice of the Peace (ACMM), Abhishek Kumar, advisable the extradition of Jose Inacio Cota after contemplating the proof and arguments by the central authorities in addition to defence counsel.
“I recommend to the Union of India the extradition of Mr. Jose Inacio Cota, the fugitive criminal (FC), on the charge of rape under Section 1(1) of the Sexual Offences Act, 2003,” ACMM ordered on October 12, 2023.
In 2021, the Ministry of Exterior Affairs requested the court docket for an extradition inquiry below Part 5 of the Extradition Act, 1962, in respect of Jose Inacio Cota, on the request of the Authorities of the UK (UK) of Nice Britain and Northern Eire.
As per the appliance filed below Part 6 of the Extradition Act, the FC is needed to face trial within the Court docket of Regulation within the UK, charged with the offence of rape opposite to Part 1(1) of the Sexual Offences Act, 2003.
ACMM Abhishek Kumar mentioned, “I conclude that all the necessary conditions for evaluating the extradition request have been met. The offence with which FC has been charged, i.e., rape under Section 1(1) of the Sexual Offences Act, 2003, qualifies as an extraditable offence.”
The court docket additionally mentioned that the paperwork acquired via the extradition request happy the authentication necessities outlined in each the treaty and the act, successfully establishing a prima facie case towards the FC.
The court docket acknowledged and expressed its honest appreciation for the precious help and cooperation supplied by the realized Particular Public Prosecutor (SPP), Rekha Pandey, and Defence Counsel, Arpit Batra, through the inquiry proceedings.
The story behind the case within the UK (the requesting state) is that on Could 28, 2017, the complainant attended Two Rivers Pub in England’s Staines to rejoice a buddy’s birthday, and the FC was recognized to the complainant via a 3rd occasion. The FC whereas working behind the bar, approached her and requested to talk along with her within the again room, the place he had dedicated rape.
Thereafter, the accused was detained, and an investigation was performed. The proof collected was supplied to the Crown Prosecution Service (CPS) of England and Wales, whereby a call was made by the CPS prosecutor that there’s a sensible prospect of conviction and to prosecute the FC for the offence of rape opposite to Part 1(1) of the Sexual Offences Act, 2003.
Nevertheless, FC left the nation earlier than he may very well be formally charged for the offence, the court docket famous.
SPP Rekha Pandey argued on behalf of the Union of India that there’s ample proof on file, establishing a prima facie case for the extradition of FC on expenses of rape.
(with inputs from companies)