MARGAO: The Special Judge South Goa Vincent D’Silva on Saturday discharged ex-PWD Minister and Benaulim MLA Churchill Alemao and former PWD Executive Engineer Pundalik Parkar who were accused of misappropriating government funds.
The Crime Branch Panjim had filed a case under Section 120-B, 403,409, 420 IPC and Section 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
The Judge observed that both the accused stand discharged of the offences under Section 13(1) (d) r/w Section 13(2) of the Prevention of Corruption Act, 1998 as well as under Sections 403, 409, 420 r/w 120-B of Indian Penal Code.
While discharging both the accused, Judge D’Silva observed that allegations made in the charge sheet should raise strong suspicion, which leads the court to conclude that there is ground for presuming that accused committed the offences. If no such strong suspicion arises, even after considering all the materials placed before the court by the prosecution, then there is no other option but to discharge the accused.
There is no material at this stage to show that the complaint allegations or the FIR allegations make out a case to attract Section 13(1) (d) of the Prevention of Corruption Act. It is therefore, when there is no allegation of either demand of bribe amount or acceptance of the same by the respective accused from any person, the question of any of the offences under the Act getting attracted, does not arise.
There are no sufficient grounds for proceeding against the accused nor there are suspicious circumstances so as to frame a charge against them under the above heads of the offence, the order stated.
The prosecution has also not prima facie proved loss of Rs 1,73,30,799 shown in the charge sheet as the works were executed during non-monsoon days and bills were submitted after execution. Apparently, the bills were submitted after recording of measurement book on completion of execution of work, as can be seen from CA. The technical sanction given for the works in June and July had to be executed during September and October, after the monsoon period.
