the goan I network
PANAJI
But as three recent cases in Pernem testify, all the accused matka bookies have been acquitted of charges of violating the Goa Gambling Act despite being caught red-handed, simply because the police failed to record the statements of any independent witnesses at the time of the raid.
In three cases registered on May 27, 2014, June 15, 2015 and July 17, 2015, all of which were part of raids in Pernem and decided this year, the alleged bookies were acquitted on the same grounds.
Prasad Tukoji, 39, was caught allegedly ‘red-handed’ on May 17, 2014 at 12.30 hrs opposite Municipal garden, near Laxmi stores, Pernem, while accepting matka bets from members of the public in a public place. In the panchanama which was conducted, cash of Rs 5,200 in different denominations and other gambling articles were recovered from him.
In the second case, Jagannath Patekar, 59, was nabbed in a similar manner, on May 14, 2015 at 17.25 hrs, near Gaurish Store, Madhalamaj, Mandrem while accepting matka bets. In the panchanama which was conducted, cash of Rs 285 in different denominations and other gambling articles were recovered from the accused. In the third case, on July 9, 2015 at 19.50 hrs, opposite Sanjay Hotel, Agarwada, Pernem, the accused was held red-handed while accepting matka bets in an open place. In the panchanama which was conducted, cash of `450 in different denominations and other gambling articles were recovered from the accused.
However, in all the three cases, the police, deliberately or otherwise, failed to record the statements, a fact that the judge made a point to pull them up for.
“The prosecution has not examined any member of the public present at the spot. The complainant has not recorded statement of any independent witnesses from the said place. If at all there were many members of the public, then one fails to understand why the complainant did not record statement of any such member,” Judge Shilpa Pandit said in her orders. “When the complainant had an opportunity to record the statement of independent witnesses, it was for him to do so. No explanation is given by the complainant as to why he did not record the statement of any independent witnesses in the present case. The attachment of the articles is not sufficient to prove the offence charged against the accused,” the orders read.
