MARGAO
Accused Francis Pereira seemed to have had the last laugh as the Court of Judicial Magistrates, Margao discharged him in four more desecration cases for want of evidence on Thursday, taking the number of desecration cases where the accused stands discharged
to nine.
If JMFC Ashwini Khandolkar discharged Francis in the Aquem Power House Cross desecration around noon on Thursday, the accused heaved a sigh of relief in the afternoon session when Judge Kalpana Gauns discharged the accused in three more cases, with Judge Gauns making it quite clear that the accused is being discharged for want of
evidence.
The accused was in the court room when Judge Kalpana Gauns pronounced her orders in the three cases, two relating to chargesheets filed by the Quepem police in respect of the desecration cases at Paroda and the third case relating to the Curtorim
Ralloy-Tollem Cross desecration case.
After the court order, Adv Eric Coutinho, who represented Francis in the Paroda Lord Brahma Temple desecration case, told the media that he had moved an application before the court for his discharge since the police did not support the case with any evidence.
Adv Eric, who had represented the accused in two other cases in the past, said that Francis has been discharged in nine out of the total 12 cases.
Adv Manzil Desai, who appeared for Francis under the legal aid scheme in the desecration cases pertaining to the Ralloy-Tollem Cross and another cross at Paroda, said she had moved the court under Section 258 of the CrPC for the discharge of the accused.
"After reading the chargesheet filed by the Quepem and Maina Curtorim police, I filed an application before the court for discharge of the accused since the police did not cite any evidence," Adv Manzil later told the media.
In the fourth case, which again went in favour of accused Francis, the Margao police had contended that the accused on July 3 last had desecrated the Holy Cross and also idol of Mother Mary which was covered with glass at the bottom of the Cross structure at Aquem, by damaging the same with hard and blunt object, thereby hurting the religious feelings of the complainant and the Christian community.
Assistant Public Prosecutor Coleman Rodrigues, in his arguments had submitted before the Court that averments containing in the complaint and other documents on record cannot be decided at this stage without examining the witnesses.
, adding "as in order to judge the factual questions arising out of this case, the involved parties must be given an opportunity to lead evidence and therefore termination of the proceedings at this stage cannot be
allowed".
