Overview
- Sessions Judge Irshad Agha said key facts required for conviction were "absolutely missing," including proof of intercourse and the complainant’s age at the time.
- The complainant’s multiple statements conflicted, and in court she retracted core allegations and admitted earlier complaints were false, with medical evidence not supporting the charges.
- Age could not be conclusively determined despite ossification testing and a two-year margin of error, leading to the dropping of child-specific charges and benefit of doubt on POCSO elements.
- The court flagged investigative gaps, citing unreliable phone data extraction without hash values and no forensic link tying semen on a seized bedsheet to the accused.
- Monserrate and co-accused Rosaria 'Rosy' Ferros were cleared on all counts, including IPC, POCSO and IT Act charges, concluding a roughly 10-year trial that examined about 40 witnesses after allegations of a ₹50 lakh sale, drugging and assault.