PANAJI
The Additional Session Judge, Panaji has acquitted Savio Valles and Lisa Maria Dearman of an attempt to murder charge and offences under the Arms Act, for want of evidence and failure of witnesses to identify the accused or the firearm allegedly used in the incident.
The duo was charged under Sections 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of peace) read with Section 34 (common intention) of the IPC and Section 27 of the Arms Act.
The case dates back to June 21, 2013, when a complaint was lodged alleging that Valles fired a gunshot in the air and later aimed at a group of people following a dispute over the towing of a foreign tourist's scooter. The complainant and his friends claimed that Valles, accompanied by a foreigner and his wife, approached them aggressively and fired another shot, which missed them narrowly.
In its ruling, the court stated that merely producing the complaint was not enough to establish the accused’s guilt, as the complainant failed to provide testimony consistent with his initial complaint.
“Mere producing of the complaint on record would not by itself be sufficient to prove the guilt as the complainant has failed to depose in consonance with the complaint and failed to identify the accused as the said persons who have committed the act. The firearm used is also not identified by the complainant and the witnesses, though there is an expert report of the Ballistic expert identifying the firearm that by itself would not prove the act or the incident,” reads the order by Judge Kshama Joshi.
The court also observed that the complainant failed to mention the abusive words used. Also, there is no evidence brought on record to show that the firearm was used by the accused, as the complainant and the witnesses examined, have not identified the accused nor the firearm.
Given these inconsistencies and lack of concrete evidence, the court acquitted the duo and directed to furnish a personal bond and surety of Rs 10,000 each to ensure their appearance before a higher court if needed.
