Team Herald
PANJIM: The North Goa Additional Sessions Court, Mapusa acquitted six persons from Tivim, Bardez from the charges of wrongful restraint and attempt to murder.
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The Mapusa police chargesheeted history sheeter Sagar Shirodkar, his father Suresh Shirodkar, Mahesh alias Nagin Kerkar, Sitaram alias Aajo Shirodkar, Sushma Shirodkar and Ulhas alias Babi Shirodkar, all residents of Tivim, under Sections 143, 147, 148, 504, 341, 307, 379 and 506 (ii) read with 149 of Indian Penal Code (IPC).
According to the prosecution, on November 26, 2010 night near Pond Sondi, Tivim, the six accused along with juvenile offender, with their common object formed an unlawful assembly and wrongfully restrained, abused with filthy words, threatened, and assaulted the complainant Johnson Braganza with fist blows, kicks and wooden dandas thereby causing grievous head injury with pneumocephallus with fracture skull with intention to kill the complainant and further stole articles like mobile phones, purse, debit cards, credit cards, cash of Rs 6,500 from the complainant and thus all the accused have committed an offence.
Arguing on behalf of the accused, Adv Vinayak Porob said that none of these witnesses had seen the incident and had only corroborated injuries which cannot be attributed to the acts of the accused. The contradictions and omissions were marked in the evidence of one of the witnesses, which he said, go to the root of the prosecution case.
He brought to the notice of the Court that the IO Rama Redkar had not produced the Station Diary to show that he had accompanied then PSI Uday Gaude to the spot. Different versions were deposed by Redkar and Gaude with respect to the dandas, which were attached at the spot.
Public Prosecutor Jennifer Santamaria said that although the complainant had expired the prosecution had examined eye witness Paul Fonseca and he had identified all the accused persons and had deposed about the assault committed by the accused on Johnson Braganza. She said the evidence of eyewitness corroborated with the evidence of the investigating officer was sufficient to prove and establish that all the accused formed an unlawful assembly and with their common object armed with wooden danda assaulted the complainant, who suffered injuries on account of such assault and therefore offences stands proved and prayed that all the accused be convicted.
The prosecution examined eight witnesses in support of its case.
After hearing both the parties, Additional Sessions Judge Sharmila Patil acquitted all the accused, stating that there was no sufficient evidence to prove and establish that all the accused with their common object abused the complainant with filthy words. Also there was no evidence on record that all the accused wrongfully restrained the complainant and that committed criminal intimidation by threatening the complainant with injuries.
