MARGAO
In a development that may come as a big surprise in the Velim Church attack case, the government, which had in the past made an abortive bid to withdraw the case from prosecution, has now challenged the Judicial Magistrate’s order dropping the attempt to murder charge against the 22 accused, including the two Priests.
The government’s decision to move the South Goa Sessions Court against the order of the Judicial Magistrate First Class, Margao has cast shadow on the trial in the case, which was expected to get underway before the trial court from Friday.
Sources told The Goan that Public Prosecutor Sarojini Sardinha has filed the review petition before the Sessions Court a couple of days ago upon instructions from the Director of Prosecution.
In fact, the government has prayed to the Sessions Court to set aside and quash the order passed by the Judicial Magistrate First Class, Margao Ram Prabhudesai on November 14, 2016 on ground that the JMC has failed to appreciate the scheme of the provisions of section 207-209 of the Criminal Procedure code, which mandates the magistrate to commit the case to the court of sessions which accrues the original jurisdiction under section 193 of the Cr P C.
The petition stated that grave injustice would be caused to the prosecution if the JMFC order is not set aside which will cause miscarriage of justice.
While saying that the JMFC’s order was bad and contrary to the provisions of law, the prosecution stated that the JMFC has failed to appreciate the case of the prosecution in its proper perspective while passing the order.
Moreover, the revision application stated that the JMFC had rejected the prayer of the prosecution to commit the case to the Sessions Court on grounds that the offenses exclusively triable by the Sessions court have not been made out.
The Velim Church case was scheduled to come up for hearing in the JMFC court on January 6 for framing of charge against the 22 accused persons. Sources said the prosecution is expected to draw attention of the Judicial Magistrate to the review application filed before the Sessions court challenging the order dropping the offense of attempt to murder.
Judicial Magistrate First Class, Margao Ram Prabhudesai had on November 14 dropped the two sections of attempt to murder and causing grievous hurt to the injured policemen, while rejecting the prosecution plea to commit the case to the court of sessions for trial.
The Cuncolim police had in July 2015, filed the charge sheet against then Parish Priest of St Xavier’s Church, Velim Fr Romano Gonsalves and Episcopal Vicar, South Goa Fr Lucio Dias and 22 persons in the sensational February 25, 2012 Velim Church assault case which had left three CID personnel injured in the Church premises.
In the charge sheet, the police alleged that the accused persons formed an unlawful assembly with deadly weapons, stones and glass bottles and confined the CID personnel, PSI Kapil Nayak, Head constable Krishnanand Rane and Police constable Kuldip Desai inside the premise of the Church when they had visited the Church for collection of intelligence pertaining to the Assembly elections.
The police alleged that the accused assaulted the police and thereafter restrained the staff while discharging their duties when they were rescuing the injured policemen.
