the goan I network
MARGAO
The contractor in the Canacona Ruby residency building collapse case has submitted to the Court on Friday that he cannot be charged for culpable homicide not amounting to murder or for cheating or under the Prevention of Corruption Act.
Capping his arguments on behalf of the accused contractor Vikas Desai, senior legal counsel Adv Carlos Alvares submitted before South Goa Sessions Judge B P Deshpande that his contractor cannot be hauled up under section 304-part II of the IPC for culpable homicide not amounting for murder since there was no intention to kill someone while constructing the building.
Adv Alvares submitted that at the most, there can be a charge under section 304-A of the IPC for negligence against his client at this stage, and cited various Supreme Court judgements, including judgements in the Bhopal gas tragedy and the cinema fire tragedy, to drive home the point that the contractor cannot be charge for homicide.
The senior legal counsel further argued that no case is made out against his client under section 120-B of the IPC for criminal conspiracy. Adv Carlos pointed out that the investigating agency has roped his client on the cheating charge without any substance, while citing supreme court judgements, including the latest Judgements of the Apex Court to drive home the point that the contractor has been wrongly implicated for cheating.
As far as the provisions of the Prevention of Corruption Act invoked against the contractor, Adv Alvares said that his client is not at all responsible to obtain permissions from the various government departments, adding that the responsibility of his client was to construct the building for the owners.
Adv Alvares late told the media that he has not prayed before the court for the discharge of his client in the case, but has strongly argued the contractor cannot be charged for culpable homicide not amounting to murder, cheating, criminal conspiracy and under the prevention of corruption Act.
