Siolim local cleared of offences
HERALD CORRESPONDENT
PORVORIM, DEC 3
The Judicial Magistrate First Class (JMFC) Mapusa has acquitted a resident from Tropawado, Sodiem-Siolim, for the offences levelled against him by Mapusa Police.
It may be recalled that complainant Poonam Patre in a complaint with Mapusa Police had stated that Domnic D’Souza had abused her with filthy words, assaulted her and snatched Mangalsutra from her neck.
Later, Mapusa Police had registered complaint against Domnic D’Souza under Sections 504, 323, 354, 356 and 379 of Indian Penal Code.
The prosecution had examined six witnesses. After going through the facts of the case and hearing the arguments of both the parties, JMFC Mapusa observed that the complainant in her complaint stated that the incident was seen by three persons.
However, when the complainant was cross examined, she stated that the three witnesses reached the spot after the incident. Therefore, it was clear that none of the witnesses presented by prosecution as eye witnesses were present before the complainant and the accused at the time of incident.
JMFC further stated that the offence of outraging modesty was committed when a person assault or uses force against women intending to outrage her modesty and it must be proved beyond doubt.
In the present case, neither the complainant nor any of the eye witnesses have stated that the accused caught hold of the complainant with the intention to outrage her modesty or commit any act outraging modesty of the complainant nor they have stated that bad words or filthy abuses were given to the complainant by the accused.
JMFC also observed that detail scrutiny of the depositions of all the witnesses clearly show that the witnesses have tried to depose in favour of the complainant by suppressing the material facts.
None of the witnesses have stated anything as to what the complainant was talking to the accused, but everyone has stated that only accused Domnic D’Souza was abusing the complainant.
“Further, police have not recorded statement of any independent witnesses. Therefore, over the perusal of the entire evidence brought on record by the prosecution, it can be clearly seen that the prosecution has failed to prove the accusation set out in the entire case,” stated JMFC.
