TEAM HERALD
teamherald@herald-goa.com
MARGAO: Judicial Magistrate First Class, Margao Pooja C Kavlekar has sentenced a resident of Colva, Menino Fernandes to undergo simple imprisonment of six months under section 427 and 451 of the IPC.
The court directed the accused to pay compensation of Rs 1 lakh to the complainant in terms of section 357 of the Cr PC and in default undergo simple imprisonment of three months.
The Court, however gave a benefit of section 3 of the Probation of Offenders Act to Menino’s wife, Margarida Mallisha Fernandes and was released on admonition after being warned not to commit any such offence in future.
It was the case of the prosecution that on September 5, 2006 at about 2.30 hrs at Colva, the two accused persons and 10 other unknown accused with their common object formed an unlawful assembly, armed with knife and stones, trespassed into the house of the complainant Remetiana Lucas and wrongfully restrained her, damaged her house and other household articles, including furniture and home appliances to the tune of Rs 12 lakh. The complainant further alleged that the accused abused her and her husband in filthy language and threatened them with dire consequences.
“From the totality of evidence discussed above, it is seen that the prosecution has successfully proved the fact that the house of the complainant was demolished by the accused with the help of the labourers,” Judge Kavlekar stated in her order.
The judge, however, said there was no enough material brought on record to convict the accused under section 504 and 506(ii) of the IPC
