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SIGH OF RELIEF FOR ACCUSED
* Plea of the prosecution to commit the case to the court of Sessions for trial rejected
* The case will now be tried in the court of Judicial Magistrate First Class
* Case posted to January 6, 2017 for hearing of arguments before framing of charges
* Former Velim Church Priest Fr Romano Gonsalves, Episcopal Vicar Fr Lucio Dias among 22 accused
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The Court decision implies that the Velim Church case will not be committed to the Sessions court for trial, but the case will now be tried in the court of Judicial Magistrate First Class. In fact, after pronouncing his order striking down section 307 of the IPC for attempt to murder and section 333 for causing grievous hurt, Judge Prabhudesai has posted the case to January 6, 2017 for hearing of arguments before framing of charge against the accused persons.
Given that the court has dropped section 333 and 307 of the IPC, all the accused persons, including former Velim Church Priest Fr Romano Gonsalves, Episcopal Vicar Fr Lucio Dias and 22 others, will now face charges only under section 143, 144, 147, 148, 186, 323, 324, 326, 332, 341, 342 read with section 149 of the IPC.
The Cuncolim police had in July 2015, filed the charge sheet against then Parish Priest of St Xavier’s Church, Velim Fr Romano Gonsalves and Episcopal Vicar, South Goa Fr Lucio Dias and 22 persons in the sensational February 25, 2012 Velim Church assault case which had left three CID personnel injured in the Church premises.
The 22 accused persons includes Fr Romano Gonsalves (then Velim Parish Priest), Fr Lucio Dias (Episcopal Vicar, South Goa, who was then the Parish Priest of Assolna Church), Patrick D’Silva, Angelo Afonso, Darwin D’Silva, Agnelo Silva, Savio Silva, Nigel Caeiro, Nelson Caeiro, Agnelo D’Souza, Marcus Barros, Adolf Fernandes, Tony Rebello, Mario Rebello, Alin Rebello, Atorin Pereira, Anjelo Fernandes, Savio Pereira, Max Colaco, Adlete Mascarenhas, Agnelo D’Silva and Louis Fernandes. Amongst other offenses, the accused were also charged under section 307 of the Indian Penal Code (attempt to commit murder).
In the charge sheet, the police alleged that the accused persons formed an unlawful assembly with deadly weapons, stones and glass bottles and confined the CID personnel, PSI Kapil Nayak, Head constable Krishnanand Rane and Police constable Kuldip Desai inside the premise of the Church when they had visited the Church for collection of intelligence pertaining to the Assembly elections.
The police alleged that the accused assaulted the police and thereafter restrained the staff while discharging their duties when they were rescuing the injured policemen. They were also accused for pelting stones on other police personnel, namely PSI Sandeep Kesarkar and CRPF personnel.
