PANJIM: The Mapusa Additional Sessions Court has acquitted mother-son duo on charges of killing a man in 2008 as the prosecution failed to prove the case.
Shamim Banu Sheikh and Dadapir Sheikh, both hailing from Karnataka were given the benefit of doubt in connection with the murder of Honu Soso Gaude.
The Ponda police had filed an indictment against the father Abdul Majid Sheikh, who is still absconding and the mother-son duo for allegedly killing Gaude with an iron pipe at Marcela on November 25, 2008.
As per the prosecution, Shamim had confessed to the crime and the weapon was recovered at the instance of Dadapir. From a total of 25 witnesses examined during the trial, public prosecutor S Nagvenkar had also submitted to the Court the chain of circumstances linking both accused to the crime.
Defense lawyers D Dhond and Swapnil Nachnolkar contested the submissions arguing ‘the entire prosecution case is fabricated and full of contradictions’. They also submitted that the testimonies of the witnesses are unreliable.
. The defense further argued that one of the panch witnesses in the case “emerged as planted witness” and that deposition of two other panch witnesses are contradictory and do not support the prosecution case.
Judge Desmond D’Costa after hearing the Public Prosecutor and the defense counsels observed that prosecution could not prove the guilt of both the accused as it failed to prove the acts of the accused.
“…The prosecution has failed to prove the guilt of the accused persons beyond reasonable doubt. The circumstances relied on by the prosecution has not been proved and accordingly I hold that the two persons are entitled for an acquittal…” the Judge ordered.
Each of the two was asked to furnish bail bonds of Rs 10,000 with one surety of like amount. They are also instructed to appear before the High Court, as and when Court issues notice in case any petition or appeal is filed against the judgment.
