PANAJI
The High Court of Bombay at Goa has ordered the release of convict Ignasius alias Ignatius Minj, setting aside a 2018 judgment of the Sessions Court, Margao. The acquittal came after Justice Valmiki Menezes observed that inconsistencies in the testimony of the lone eyewitness created serious doubt about the prosecution’s case.
“There is a serious doubt as to whether it was the accused who committed the offence. The evidence of the lone eyewitness is full of inconsistencies and is not supported by other witnesses or medical evidence. The benefit of doubt must go in favour of the appellant,” the Bench said.
In 2020, the Sessions Court had convicted Minj, a native of Jharkhand, under Section 304 (culpable homicide not amounting to murder) of the IPC. He was sentenced to 10 years’ imprisonment for the death of fellow construction worker Thadeus Bara, also from Jharkhand, at a site in Varca.
According to the prosecution, Bara was found dead on July 9, 2018, with head and neck injuries at a site run by contractor Joaquim Gonsalves. A wooden rafter with bloodstains and nails was recovered and cited as the weapon. Eyewitness Ajay Dungdung had told police that he saw Minj attack Bara.
The High Court noted that the Sessions Court had relied heavily on this testimony, despite forensic evidence and statements from other witnesses.
It also found that the lower court had “totally missed the inconsistency in the procedure adopted to arrest the accused” and had failed to prove guilt beyond reasonable doubt.
“The Sessions Court did not address how the accused was identified as the person who committed the crime, and whether this could be proved beyond reasonable doubt. The uncorroborated testimony of the eyewitness leaves serious doubt whether the accused alone committed the offence,” the Bench stated.
The court directed the jail authorities to release Minj immediately, unless he is required in any other case.
