MARGAO
Did the men-in-uniform rush with the chargesheets against accused Francis Pereira in the host of desecration cases that occurred in Salcete without proper and thorough investigations and against the opinion of prosecution?
While the court had in one case virtually pulled up the police for want of proper investigation, resulting in the discharge of the accused in three cases on Thursday, inquiries by The Goan has now revealed that one of the Assistant Public Prosecutor had even cautioned the police in one case that the chargesheet will not stand scrutiny of the court for want of further investigations.
In fact, it has come to light that the prosecution had indeed asked the police to carry out further investigation into a case before filing the chargesheet, an opinion ignored by the police. This particular desecration case, sources said, has now gone in favour of the accused with the court discharging Francis for want of evidence.
"We did question the police when they sought to file chargesheet in the desecration cases because there was hardly any evidence collected in support of the cases. One of the public prosecutors had even asked the police to carry out further investigations before filing the chargesheets," sources in the know told The Goan.
An Assistant Public Prosecutor further informed that shoddy investigations came to light when a panch witness cited by the police withdrew after disputing his signature. "This only goes to show that the police did not carry out the homework properly before filing the chargesheets," sources said.
Accused Francis Pereira so far stands discharged in nine out of the total 12 desecration cases which were slapped on him by the Goa Police after his arrest in the Curchorem cemetery desecration case.
What has left the men-in-uniform red faced is that none of the nine cases would pass the scrutiny of the court, leaving the accused discharged even before the commencement of the trial.
In all the nine cases, where the accused has been discharged by the Court, Francis has been set at liberty purely for want of evidence.
Prosecution questions police failure to take confessional statement of accused before Magistrate
MARGAO: Why did the Goa police not record the confessional statement of accused Francis Pereira before the Magistrate under section 164 of the CrPC, is a question doing the rounds in legal circles as the Courts have discharged the accused on grounds that confession made before the police is not admissible in evidence.
This question has come to the fore as the police did not get the accused confession before a Magistrate under section 164 of the CrPC. Assistant Public Prosecutor told The Goan that at least a confessional statement made before the Magistrate would offer some ground for the prosecution to vehemently argue for the rejection of the application for discharge and impressing the court that the court should stand for trial.
"We fail to understand why the police did not take the accused to the Magistrate to record his confession if he had confessed that he had damaged the places of worship. A confessional statement made before the Magistrate would have helped the prosecution during arguments at the time of framing of charge," remarked an Assistant Public Prosecutor.
Eyes now focused on second Alma Khuris,
Loutolim cross cases
MARGAO: All eyes are now focused on the second Alma Khuris desecration case (the first Alma Khuris case going in favour of accused Francis Pereira) and the Loutolim miraculous desecration case, which came up for hearing before the courts on Friday.
While the court of Judicial Magistrate First Class, Margao has reserved orders in the Alma Khuris desecration case to December 27, the JMFC G Court has fixed for arguments on January 3 the Loutolim Cross desecration case.
Adv Sameer Desai, who is appearing for accused Francis in both these desecration cases, has said that the prosecution has sought time for arguments in the Loutolim case, which was granted by the Court, before fixing the next date to January 3, 2018.
As for the Alma Khuris desecration case is concerned, the matter has been posted for orders on December 27.
The Alma Khuris at Chandor was desecrated on June 17 last and the incident had come to light when a member of the Alma Khuris Committee member Tadeu noticed that the miscreants have vandalised the Holy Cross under the cover of darkness.
The same cross was desecrated again in the first week of July. Accused Francis Pereira, who was charged by the Maina Curtorim police in this case, has already been discharged by the Court of Judicial Magistrate First Class, Margao.
