Team Herald
PANJIM: St Cruz legislator Atanasio ‘Babush’ Monserrate has a reason to cheer ahead of the crucial 2017 assembly election. The reason: Chief Judicial Magistrate has discharged him of the criminal offence wherein Central Bureau of Investigation (CBI) charged him of assault and using criminal force deterring the police from discharging their duty into the infamous 2008 stoning incident at Panjim police station.
The proceedings against him and two others – former Corporation of City of Panjim (CCP) Mayor Tony Rodrigues and Rajesh Ravindran alias Raju will discontinue in the lower court.
The CBI that took over the sensational probe from the Panjim police, had chargesheeted the trio for allegedly storming into the police station and attempting to release Babush’s wife and present local MLA Jennifer, and others, who were earlier put behind bars. Some policemen were also injured in the melee and rushed to the Goa medical college and hospital.
Contesting prosecution’s claims, defence counsel Arun Bras De Sa – during the arguments — submitted that statements of the witnesses did not even prima facie disclose commission of the crime. “As per the statements, none of them have seen all the accused enter into the police station in order to attempt to take the accused and obstruct the informant and hence, the story of the prosecution has fallen apart,” he told the magistrate urging to drop the proceedings under section 353 (Assault or criminal force to deter public servant from discharge of his duty) read with 34 (common intention) of the Indian Penal Code.
The order passed by CJM Ashley LC Noronha observed that prosecution failed to place on record material evidence to suggest the commission of the offence. “There is considerable merit in the case of all accused that there is no material placed on record to proceed with the trial. Consequently, the accused stand discharged,” the CJM stated. With this, only one case stands on trial.
