Sessions court sets aside some charges, reduces sentences citing lack of evidence, trial court errors
PANAJI
The North Goa Sessions Court in Mapusa has partly allowed two criminal appeals in a 2017 assault case in Porvorim, modifying the convictions and sentences of the accused while setting aside some charges due to lack of evidence.
Additional Sessions Judge-2 Apurva Nagvenkar held that the prosecution failed to prove all charges framed by the trial court, requiring partial correction of the conviction. The court described parts of the JMFC judgment as “arbitrary” and “perverse”, particularly in convicting Sweta Kandolkar under Sections 509 and 354 IPC, and acquitted her of those charges.
The case stems from a July 30, 2017 incident in Alto Porvorim, where the complainant, a psychiatrist and landowner, alleged abuse, assault and threats during a dispute over access to a public road.
The court upheld Kandolkar’s conviction under Sections 323, 504 and 506(II), read with 34 IPC, sentencing her to six months’ simple imprisonment for each offence and imposing a fine of Rs 75,000.
In a related appeal, co-accused Vijay Dalvi was acquitted under Section 324 IPC, but his conviction was upheld for offences under Sections 354 and 509 IPC, along with Sections 504 and 506(II). He was sentenced to one year’s simple imprisonment for the former offences and six months each for the latter, with all sentences running concurrently, and ordered to pay Rs 1 lakh as compensation.
The court also corrected errors in sentencing and penalties in the trial court’s order.
