With ‘mostly’ circumstantial evidence, it was ‘last seen’ theory that nailed Vikat | Goa News

Margao: The Margao sessions court that sentenced Vikat Bhagat to two life sentences for the 2017 rape and murder of a 28-year-old Irish national in Canacona, heavily relied on circumstantial evidence to establish guilt beyond reasonable doubt. The judgment highlights how the ‘last seen’ theory, forensic findings, recovery of the victim’s belongings, and the accused’s unexplained injuries formed an unbroken chain pointing to guilt.
The court found Bhagat guilty under Sections 302 (murder), 376 (rape), and 201 (destruction of evidence) of the Indian Penal Code.
In a 350-page judgment, additional district and sessions judge Kshama Joshi emphasised the crucial role of the ‘last seen theory’ in cases built entirely on circumstantial evidence. “The prosecution has proved the last seen theory beyond doubt,” observed the judge, noting that multiple witnesses testified to seeing the victim with the accused before her death, establishing a significant timeline that placed Bhagat with the victim during her final hours.
“The link of the accused in the present crime has been established beyond doubt and there are five circumstances which establish the link and the involvement of the accused in the crime which complete the chain of events,” the court noted in her judgment.
Particularly significant is the court’s detailed analysis of motive in circumstantial cases. While acknowledging that “motive always locks up in the mind of the accused and sometimes it is difficult to unlock”, the judge underscored that the absence of a clear motive cannot lead to acquittal when other evidence is compelling.
The court derived the motive from circumstances, noting: “The motive 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.”
DNA evidence played a crucial role in the conviction. The central forensic science laboratory expert confirmed that Bhagat’s DNA was found in samples collected from the victim. The court rejected defence arguments about delayed DNA testing, stating there was no evidence of contamination of sealed parcels.
The judgment included details of forensic findings, including that “the body found of the deceased was in a nude condition… the face of the victim was smashed, in order to hide the identity of the victim which amounts to destroying the evidence”.
Medical examination revealed 31 external injuries on the victim and genital injuries indicating forcible intercourse. The court noted: “The torn bra and the broken spectacles also show the resistance by the victim as they were torn and broken.”
The court rejected Bhagat’s claim of consensual relations, arguing that witnesses testified the victim was intoxicated. “When a woman is under intoxication, even though she gives consent, it is not consent,” the court observed, citing legal precedents that establish “not every ‘yes’ is covered under valid consent”.
The judgment also emphasised Bhagat’s failure to explain injuries found on his person, including genital injuries and nail scratches, which doctors testified were consistent with the victim’s resistance.