2012 VELIM CHURCH ATTACK CASE
MARGAO
Blame it on investigation lapses or other factors, the prosecution’s case in the sensational 2012 Velim Church attack failed to stand the test of judicial scrutiny, culminating in the acquittal of all 22 accused.
A glance at the court order clearly indicates that the prosecution was unable to establish the identity of any of the accused as participants in the alleged incident. Furthermore, no evidence was presented to show that the injuries sustained by the three CID personnel were inflicted by the accused.
While acquitting all 22 individuals, Judicial Magistrate First Class, Margao, Sunita Gaunekar, observed that the medical experts who examined the CID personnel had stated that the injuries could have been caused by a fall on a rough or hard surface. Consequently, the court held that the injuries could not be attributed to the accused.
“I find that the prosecution failed to prove the identity of any of the accused persons being involved in the alleged incident and there is absolutely no evidence to prove the charges levelled against any of the accused”, the Judge said.
The Court also found serious lapses in the prosecution’s handling of the attachment panchanama of a gold chain. The Judge further observed that the prosecution failed to prove the attachment panchanama of a gold chain, saying the prosecution has failed to show the reasons why the two pancha witnesses did not support the case of the prosecution.
The panchanama had stated that one gold chain was produced by the accused No.1 at the Police Station and that the accused produced the chain by stating that it was found in the church premises by a church employee and that the gold chain was attached under the panchanama and that it was handed over to PC Kuldeep.
The judge however, observed that the prosecution failed to show the reasons for the two pancha witnesses not to support the case of the prosecution, saying the prosecution also failed to prove the attachment panchanama.
That’s not all. The Panchas to the scene of offence too did not support the case of the prosecution that the scene of offence panchanama was conducted in their presence on March 9, 2012 and that their signatures on the panchanama were obtained on the panchanama at the Police Station.
The duo had denied the case of the prosecution that on March 9, 2012, they were requested by the Cuncolim Police to act as a panch witness and they were taken to St Francis Xavier Church, Velim to conduct the panchanama. “The prosecution failed to bring on record any reason for the two panch witnesses to depose falsely and hence, the testimony of these panch witness has to be believed to be true and consequently, the prosecution failed to prove the scene of offence panchanama”, the judge observed.
The judge further observed that the prosecution also failed to prove the identity of the accused being the members of the mob who were allegedly present at the spot and allegedly assaulted the three CID personnel. “In such circumstances, the accused cannot be held liable for the alleged assault and consequently the prosecution failed to prove the occurrence of the alleged assault”, the judge said.
The Judge added: “From the conduct of the priest and his committee members, it is clear that there was no any common object between them to commit any crime against the three CID personnel as alleged by the prosecution”.
Further, the Judge observed that although the prosecution has alleged that the persons from the mob had assaulted the prosecution witnesses, however, failed to prove the identity of the persons and their overt act.
On the use of glass bottles to assault the police personnel and their non-attachment under panchanama, the Judge observed “non-attachment of the glass bottles, glass pieces and the stones, the involvement of the stones and glass bottles as alleged by the prosecution makes it clear that there was no involvement of either of the stones or the glass bottles and consequently, the prosecution failed to prove that the Police personnel were assaulted with glass bottles and stones.
