PANAJI
In what could be a setback for the Goa police “ carrying out random gambling raids, the Judicial Magistrate First Class (JMFC) ordered the acquittal in two separate cases on a single day. Of these First Information Reports (FIRs), the first case saw the arrest of nine persons in a raid by the Crime Branch in Siolim way back in 2015.
According to Court details in this FIR, all nine accused from Goa, three of whom passed away during the trial, were arrested while playing “Andar Bahar” gambling at an open place.
In the CB’s raid, Rs. 41,300 cash, along with a dark blue cloth containing 14 stitched playing cards and another set of 52 playing cards were confiscated.
The Judicial Magistrate First Class (JMFC) in Mapusa observed shortcomings in the prosecution while observing that despite the accused being caught playing cards and cash in their possession, it does not indicate they were involved in gambling activities. Moreover, the statements of independent witnesses were not recorded.
“It is also vital to mention that the prosecution have not examined any independent witnesses in support of their case, moreover the Investigating Officer has also not stated any reasons for the non-examination of any independent witnesses in the present case. Furthermore, the prosecution has not proved that the alleged activity as stated by the prosecution amounts to wagering activity which amounts to an offense under the Act,” Judicial Magistrate Vaishali Lotlikar noted.
Considering the evidence adduced and the arguments advanced, the JMFC further said, that there are no offences proved against the accused persons.
“The accused is therefore entitled for benefit of doubt as the prosecution has failed to prove its case beyond reasonable doubt,” it ordered.
The other FIR filed last year against Sandhir Kumar Paswan, a Bihar native, also ended up in acquittal, with the JMFC once more raising doubts about the evidence and arguments presented by the State. This acquittal was also based on the benefit of doubt.
