Team Herald
MARGAO: All the five cases in which Francis Pereira has been discharged for desecrating religious monuments are primarily due to lack of investigations by the police who merely relied on the confessional statement of the accused knowing very well that it is inadmissible in the court.
In fact Judge Anuradha Andrade while discharging him in the case of alleged desecration of a cross and idol of our Lady at Parvat observed “the investigation has been done in a haphazard manner” and added that there is no evidence to implicate the accused in the case.
In the case pertaining to the desecration of idols at seven temples at Talwado, Cuncolim, the same judge again observed that the investigation has been done in a haphazard manner where only photographs of the accused were taken
In fact she observed: “There is not even an iota of evidence which establishes that …. the accused desecrated 17 lingas (idols) of lord Shri Mahadeva, idols of lord Vetal and Nagdev.”
Judge Puja Sardessai who discharged Francisco from the charges of desecrating Alma Khuris at Cavorim and another cross built in memory of Jesus Teresa noted “the police have not bothered to record the statement of any of those persons except Milagres Fernandes, with whom they allegedly made local enquiries.”
Judge Carlo Santana da Silva who heard the case of the desecration of tulsi and nandi bull at Shri Krishna Temple, Calcondem while observing that the police have filed a confessional statement of the accused said “confession before police is not admissible.”
In all cases the police did not take the trouble to gather evidence to prove Francisco’s confession which was necessary as in all five cases the crime panchanama was against an unknown person since there were no witnesses to the crime and it was of utmost importance to link Francisco to the crime.
In the Talvado, Cuncolim case, the police did not even attach the photograph taken by them and mentioned in the disclosure panchanama.
In fact the investigation has been so shoddy that in the case of the desecration of the cross and idol at Parvat which was registered as crime No. 62/17 at Quepem police the arrest, attachment, recovery, search and recovery panchanamas submitted to the court were those pertaining to crime No. 62/17 registered at the Curchorem Police Station.
It is believed that Francisco shall be discharged in all the cases given the manner in which the police have investigated the cases and filed the chargesheet and the defence advocates representing him through the Legal Free Aid are expected to earn the accolades.
Incidentally Advocate Eric Menezes represented him in two cases namely the Talvado Cuncolim and the Shri Krishna Temple at Calcondem. While Adv Anju Amonkar represented him in the Alma Khuris case, Adv K Verekar appeared for him in the cross and idol desecration at Parvat and Francisco himself submitted a written statement in the case pertaining to desecration of cross in memory of Simon Fernandes at Calcondem as the lawyer allotted to him did not appear in court that day and Adv Eric Menezes helped him write the application for discharge.
