the goan I network
MARGAO
The Court of Judicial Magistrate, Margao on Monday ordered framing of charges against all the 22 accused in the Velim Church attack case, including the two Priests, Fr Romano Gonsalves and Fr Lucio Dias for unlawful Assembly, rioting and voluntarily causing hurt to deter public servants from discharging their duties, even as the Court dropped another serious charge, section 326 of the IPC against the accused.
Judicial Magistrate First Class, Margao Saee Prabhudesai passed the order and has posted the case for hearing on September 1 to frame the criminal charges against the 22 accused persons.
Judge Prabhduesai, however, dropped Section 326 of the IPC against the accused for voluntarily causing hurt by means of a weapon or otherwise, after the defence lawyers submitted before the court that medical evidence does not make any case of causing grievous hurt to the injured policemen.
This is the third section under the IPC that has been dropped by the JMFC for want of evidence against the accused persons. The Court had earlier dropped section 307 of the IPC (Attempt to murder) and section 333 of IPC (for voluntarily causing grievous hurt to any person being a public servant in the discharge of his duty as such public servant). Though the State had challenged the JMFC's order dropping the two sections, the present government had stepped in to move the Sessions court with a plea to withdraw the appeal after TCP Minister Vijai Sardesai took up the matter with Chief Minister Manohar Parrikar.
While dropping section 326 of the IPC, Judge Saee Prabhudesai is believed to have observed that there is no evidence against the accused
to frame charges under the section.
The Judge is believed to have stated that there is no hurt certificate produced by the prosecution to show that the victims have suffered grievous injuries. The Judge, however, held that the prosecution has prima facie made out the case in respect of offences under sections 143, 144, 147, 148, 186, 323, 324, 332, 341, 342, 353 read with section 149 of the IPC.
The Cuncolim police had in July 2015, filed the chargesheet against then Parish Priest of St Xavier's Church, Velim Fr Romano Gonsalves and Episcopal Vicar, South Goa Fr Lucio Dias and other persons in the sensational February 25, 2012 Velim Church assault case that had left three CID personnel injured in the Church premises.
In the charge sheet, the police has 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.
Section dropped
Section 326 of the IPC for voluntarily causing hurt by means of a weapon or otherwise
Dropped earlier
Section 307 of the IPC (Attempt to murder) and section 333 of IPC (for voluntarily causing grievous hurt to any person being a public servant in the discharge of his duty as such public servant)
