PANAJI
The Mapusa Judicial Magistrate has discharged all 14 persons accused of assaulting a group of Nigerian men who were at a restaurant in Parra back in 2013 that led to the infamous protest and blocking of roads at the O Coqueiro circle leading to a massive traffic jam nearly a decade ago.
The Mapusa JMFC Pooja Desai ruled that there wasn’t prima facie evidence to link the accused, who hailed from Chapora, Assagao, Anjuna, Arpora and other villages of North Goa with the crime.
“In the present case, it is seen that the complainant, victims, witnesses did not know the accused persons by names. As such, the presence of such accused persons, is not ex-facie established, more particularly, when the witnesses statements who have named the accused are hearsay.
Besides, there is no test identification parade conducted in order to ascertain the presence of the accused,” the JMFC said in her order.
“That apart, it appears that the accused are merely arrayed as accused without any nexus seen from the material on record. Thus, there is no sufficient prima facie material for attraction of provisions relating to unlawful assembly of IPC along with the other offences at this stage,” the judge said.
Fourteen persons were charged by the Calangute police under sections 143, 147, 148, 504, 341, 326, 324, 506 r/w 149 of Indian Penal Code.
The prosecution built a case that on 30.10.2013 at about 23.00 hours at Parra, Bardez- Goa, all the accused with their common intention over previous enmity, formed an unlawful assembly carrying deadly weapons like swords, knives, wooden dandas, glass bottles and in furtherance to their common object over previous enmity, formed an unlawful assembly and abused the Nigerians who were customers of the complainant, when they were standing near the complainant’s bar, wrongfully restrained them by blocking their way by stopping their vehicles infront of them, assaulted them causing injuries to two Nigerians and threatened them with dire consequences.
