TEAM HERALD
teamherald@herald-goa.com
MARGAO: The 2012 Vincy Barretto murder case is back for trial in the South Goa Sessions Court.
The High Court has set aside the order of the Additional Sessions Judge-I discharging the two accused from Karnataka and has directed the judge to take further steps against the accused persons.
Setting aside the discharge order of the Additional Sessions Judge, the High Court has said that for framing the charge a trial court is expected to see whether the material is sufficient for proceeding against the accused and is not expected to ascertain as to whether the material will be sufficient to convict the accused for framing the charge.
“The material as it is, as un-rebutted, without considering the probabilities which may be in favour of the accused needs to be considered by the accused. Totally wrong approach was adopted by the Additional Sessions Judge. This Court holds that the material is sufficient for framing charge as mentioned in Section 228 of the Cr PC and it cannot be said that the material is not sufficient for proceeding against the accused under section 227 of the Cr PC”, Justice T V Nalawade observed while setting aside the order of the Additional Sessions Judge-I.
The Maina-Curtorim police had charged accused Ganesh Hegde and Maruti Pujari, both natives of Karnataka under section 302 of the IPC for the alleged murder of Vincy. The Additional Sessions Judge-I had later discharged the duo of the offence. Vincy’s dead body was found in a quarry on June 13, 2012. The FIR was lodged on the same day after Vincy’s uncle blamed the accused for the incident.
Justice Nalawade observed that the material on record shows that the deceased was last seen on that day from early hours till 4.30 pm in the company of the accused. “The dead body was found in the quarry where the accused was seen by witness Surekha on that day. There is also the material like recovery of the articles of the deceased at the instance of the accused. The conduct of the accused in such cases is also material. In view of the material, it was necessary for the accused if they were innocent to approach the relatives or police to inform that Vincy had a fall in the stone quarry. The accused gave false information to everybody. This circumstance also can be considered as a material against the accused”, Justice Nalawade further observed.
