PANJIM: The High Court of Bombay at Goa has reversed life sentence awarded to four convicts by acquitting them of all the charges.
Four persons Pradeep Horo, Safar Khan and Jharkhand-native husband-wife Mangra Gope and Ettandevi alias Ashadevi Gope were convicted and sentenced to life for murder and destruction of evidence by Sessions Court, Margao in September 2019. While the first two accused are serving their sentenced period in Colvale Central Jail, Ettandevi is in judicial lockup.
During the hearing into appeals filed by the accused, Adv Arun D’Sa and Adv A Gaonkar submitted to the Court that identity of the deceased body for which the accused are charged with the offence, was never established by the prosecution. Moreover, no legal evidence to sustain the invocation of “last seen theory” was also placed before the Court, despite which the trial court convicted and sentenced the foursome for life in jail.
“So called recoveries are a sham and constitute nothing but rediscovery of already discovered objects. Even the objects so discovered are neither incriminating nor can they be connected with any of the accused persons. There was also no scientific evidence adduced by the prosecution rather there is suppression of not only genesis of the incident but also the material evidence available with the prosecution,” the defence submitted.
Whereas the prosecution led by Public Prosecutor P Faldessai told the Court that they established guilt of the accused beyond reasonable doubt.
The High Court Bench of Justice M S Sonak and M S Jawalkar, on hearing arguments, observed that prosecution failed to prove conclusively the circumstances on basis of which it seeks the conviction of the accused persons. Two prosecution witnesses also turned hostile.
“There is no explanation whatsoever forthcoming from the prosecution as to why such leads were not investigated or if investigated why result of such investigation not placed before the Sessions Court in the course of trial,” the Bench observed while pointing at “serious deficiencies” in the investigation.
The High Court set aside the judgment and order; and acquitted the accused of the charges levelled against them.
