GUILHERME ALMEIDA
teamherald@herald-goa.com
MARGAO: Missing links and discrepancies in the evidence seems to have resulted in the acquittal of the sensational Margao bomb blast case, with the NIA Court citing various probabilities, including the probability that facts stated in the FIR appear to have been manipulated with intention to rope in Sanatan Sanstha in the offence.
The Court has asserted that neither the investigating agency has proved that accused has committed any terrorist act nor had waged a war against the government of Goa. On the contrary, a perusal of the court’s order pronounced by Special Judge, PV Sawaiker revealed that the court raised the doubt about the veracity of the FIR lodged in the case. That’s not all. The Judge said that facts stated in the FIR appear to have been manipulated with intention to rope in Sanatan Sanstha in the offence.
Judge Sawaiker said the investigation agency had failed to prove the similarity in the explosives used at Margao, Sancoale and the test blasts and that the accused had prepared the bombs and had conducted the test blasts behind the house of accused Laxmikant.
The charge against the accused that they had waged a war against the government did not find favour with the court. “There is absolutely no evidence to even prima facie suggest that the intention of the Sanstha or its members was to overcome the armed personnel deployed by the government. The court also held that the prosecution had failed to prove that the accused in furtherance of the conspiracy had made explosives.
The court has further held that the investigation agency also failed to prove that accused Vinayak Patil had purchased the SIM cards and mobile handsets based on fake and forged documents, with Judge Sawaiker raising doubts about the testimony of the witnesses.
Judge Sawaiker observed that evidence on record does not project a motive of Sanatan Sanstha to put an end to Narkasura competitions and that the accused as sadakhs of the Sanstha had triggered the bomb blast as part of the conspiracy.
“In view of the probabilities expressed by the court, the evidence is not sufficient to hold the accused guilty of the offences alleged. Non-obtaining of sanction from the appropriate authority under the Explosive Substances Act, 1908 is also fatal to the prosecution with respect to offences under that Act,” Judge Sawaiker said.
Commenting on the Court verdict in the case, Special Public prosecutor CB Faria told Herald on Sunday that he has strongly recommended to the NIA to prefer an appeal against the order of the NIA Court. “After going through the order, I feel that this is a fit case to challenge before the higher court. But, it is for the NIA to take a call on whether to prefer an appeal or not,” Faria said.
