Panaji, Apr 18 (TOI): A local court discharged St Cruz MLA Atanasio Monserrate alias Babush on the chargesheet of attempting to release his wife and son from police custody after allegedly attacking the police station in 2008, as the statements of police personnel-turned- witnesses did not support the prosecution case. The main police station attack case against Monserrate is still pending in court.
"As per the statements of the witnesses, none of them have stated that the accused had entered Panaji police station and attempted to take away the earlier arrested accused or obstruct the complainant police inspector S Naik of Panaji police station and other police personnel in discharging their duties," observed chief judicial magistrate, Panaji, Ashley Noronha.
Cases against former CCP (Corporation of City of Panaji) mayor Tony Rodrigues and Rajesh Ravindran, were also dropped.
In the chargesheet against Monserrate and the two others, it was alleged that on February 19, 2008 at 7.35pm, about 1,000 people gathered in front of the Panaji police station under the leadership of Monserrate demanding suspension of the police inspector of the Panaji police station. Monserrate allegedly gave a provocative speech against the police, after which the mob indulged in violence, causing damage to the police station as well as injuries to several police officers. At about 11pm, the Panaji police sub inspector lodged an FIR against Monserrate and others.
According to the prosecution, on the same day, at about 11.20pm, Monserrate's wife and Taleigao MLA Jennifer Monserrate was arrested at the Panaji police station.
At 11.45pm, Babush and a few others came to Panaji police station and demanded release of his wife and assaulted police personnel with deadly weapons, while they were discharging their duty. During the scuffle, Tony Rodrigues sustained injures due to an accidental fall and was taken for medical treatment. Later the investigation was transferred to the CBI and a second chargesheet was filed against Monserrate and two others for attempting to release his wife and son.
Monserrate and others filed an application before the court stating that going through the second charge sheet, the complaint and statements recorded under Section 161 of CrPC (Code of Criminal Procedure), Section 353 of IPC (Indian Penal Code), which deals with assault or criminal force to deter public servant from discharge of his duty; read along with Section 34 of IPC (where a criminal act is done by several persons in furtherance of the common intention of all), a case is not even prima facie made out.
During the hearing of the case, special public prosecutor for CBI Joseph Vaz, in support of the prosecution case, had submitted that a prima facie case has been made out from the material placed on record. He therefore, submitted that there is no merit in the present application under consideration and accordingly the same are required to be dismissed.
Monserrate's counsel Arun Bras De Sa supported his case by citing various judgements. After hearing both sides, the chief judicial magistrate observed, "Upon the perusal of all the statements of the witness recorded in the present case, the same do not disclose any commission of the offence punishable under Section 353 read with section 34 of IPC." The judge also observed that the case of prosecution has fallen apart on this count itself as there is no material placed on record to suggest the commission of the said offence punishable under Section 353 read with section 34 of IPC against the accused. "The accused stand discharge. The accused shall however execute bail bonds under section 437A of CrPC," he added.
As police did not support the prosecution case, St Cruz MLA Atanasio 'Babush' Monserrate is discharged by a local court on charges of attempting to release his wife and son from police custody in connection with the Panaji police station attack case.
"As per the statements of the witnesses, none of them have stated that all the accused had entered into the Panaji police station and attempted to take away the earlier arrested accused and obstructed the complaint PI S Naik of Panaji police station and the other police personnel in discharging off their duties," Ashley Noronha, chief judicial magistrate, Panaji observed.
Former mayor of the corporation of the city of Panaji Tony Rodrigues and Rajesh Ravindran also discharged from the case. However, the main police station attack case against Babush and others is pending before court.
In the charge sheet pertaining to case of attempt to release babush wife and son, it was alleged that on February 19, 2008 at 7.35pm, about 1000 people gathered in front of the Panaji police station under the leadership of Babush demanding suspension of the police inspector of the Panaji police station. Babush gave provocative speech against the police and thereafter, the mob indulged in violence, causing damage to the property in the police station as well as injuries to several police officers. At about 11pm, PSI attached to the Panaji police station, lodged and FIR.
According to the prosecution, on the same day at about 11.20pm, the wife of Babush and Taleigao MLA Jennifer Monserrate was arrested at the Panaji police station. Thereafter at about 11.45pm, Babush and others came to Panaji police station and demanded the release of his wife and assaulted the police personnel with deadly weapons while they were discharging their lawful duty.
During the scuffle, Tony sustained inquiries due to an accidental fall and was taken for medical treatment. PI Panaji registered the FIR against Babush and others.
Later the investigation was transferred to the central bureau of investigation and charge sheet was filed. Babush and other filed an application before the court stating that going through the charge sheet and more particularly the complaint and statements recorded under section 161, the ingredients of section 353 (Assault or criminal force to deter public servant from discharge of his duty) read with 34 of the IPC are not even prima facie made out.
During the hearing of the case, special public prosecutor for CBI Joseph Vaz in support of prosecution case submitted that a prima facie case has been made out from the material placed on record. He therefore, submitted that there is no merit in the present applications under consideration and accordingly the same are required to be dismissed.