PANJIM: The Judicial Magistrate First Class (JMFC) has acquitted one person, who was prosecuted for allegedly assaulting the now-retired Director of Education Gajanan Bhat during a protest at Porvorim in 2017 year.
As per the charge sheet, Busa had physically assaulted Bhat by pushing him to the gate of the department while the officer was entering the premises. Busa was in fact on a day-long hunger strike outside the Directorate since two and half months demanding action against a school headmistress for harassment. During this strike, Busa allegedly pushed the government officer, which as per the prosecution was witnessed by the government driver and the watchman. The alleged accused was also charged with abusing Bhat.
The JMFC ‘F’ Court Magistrate Teisy Mascarenhas observed various discrepancies on the part of the prosecution to produce the matter against the accused during the course of the trial. It observed, “In the absence of the eye-witness supporting the case of the prosecution and there being improvements and omissions on part of the complainant and the witness. Moreover, there is lack of corroboration of the statements of the complainant by the other prosecution witnesses especially the eye-witness, does raise a doubt about the prosecution case.”
The JMFC also stated that although the complainant cannot be expected to reiterate word-to-word in his complaint; it was however pertinent to note in the present case that Bhat did not mention any words in which the accused is said to have abused him.
Citing lack of evidence, the JMFC acquitted Busa while directing that the bail bonds and surety of the accused shall continue to remain in force for six months.
