Bombay HC Upholds Acquittal Of 6 Accused In Goa Blast Case, But Sets Aside Trial Judge's Remarks [Read Judgment]

The High Court of Bombay at Goa on Saturday upheld the acquittal of six accused in the Goa blast case of 2009, who were charged under various provisions of IPC, Unlawful Activities (Prevention) Act and Explosive Substances Act observing that the prosecution failed to establish beyond reasonable doubt the involvement of the accused in a conspiracy to create communal disharmony by targeting Narkasur burning competitions held in the State.Division bench of Justice MS Sonak and MS Jawalkar were hearing National Investigation Agency's appeal against acquittal of these accused by the trial court on December 31, 2013. Although the acquittal was upheld, Court set aside the remarks made by the trial judge in the case questioning the veracity of the FIR, expressing disapproval of the same. All accused are said to have links with Sanatan Sanstha and the trial judge had noted that the prosecution has targeted the so-called non-profit Spiritual organization. However, the bench observed that there was evidence to show that the Sanatan Sanstha had been opposing holding of any Narkasur effigy competition and the explosion took place at a distance of hardly 400 metres from the venue of the Narkasur effigy competition on the night preceding Diwali, when effigies of Narkasur are burnt all over Goa.Case BackgroundAccording to the prosecution, on October 16, 2009, at about 21:30 hours, the improvised explosive device (IED) carried by Accused 1 and Accused 2 in the dickey of an Eterno scooter exploded near Reliance Trade Centre, Margao Goa. On account of such an explosion, both the accused sustained injuries and later passed away.A case was registered at the Margao Police Station under Sections 120B, 121A, 122, 123, 427 IPC read with Sections 16, 17, 18 and 23 of the Unlawful Activities (Prevention ) Act, 1967 and Sections 3, 4 and 5 of the Explosive Substances Act, 1908. Further, on the same date at about 22:30 hours, on receipt of information, the PSI of Verna Police Station rushed to the spot near Shantadurga Temple, Sancaole and noticed a bag lying suspiciously on the ground adjacent to the road. PSI summoned the services of Bomb Detection Disposal Squad (BDDS). The squad found and diffused an explosive device consisting of four gelatin sticks, 4 electronic detonators with wires, a box containing electric circuits with two 9 volt batteries and a clock. Thereafter, another case was registered under Sections 121A, 122, 123, 120B, 427 read with Sections 16, 17, 18 and 23 of Unlawful Activities (Prevention) Act, 1967, Sections 3, 4 and 5 of the Explosive Substances Act, 1908 and Sections 6 and 9(B)(2) of the Explosives Act, 1884. The above two cases were investigated by a Special Investigation Team (SIT) for some time. However, in order dated December 9, 2009, Govt. of India directed the NIA to take up the investigations in the above two cases. Accordingly, the NIA re-registered the cases and carried out the investigation therein.SubmissionsAdditional Public Prosecutor P Faldessai submitted that the view taken by the learned Special Judge is quite perverse and therefore, warrants interference. There is overwhelming evidence on record that the incident of October 16, 2009 did take place, in which two of the accused persons died of explosion injuries, APP Faldessai said.He pointed out that the explosion took place hardly 400 metres away from the stage from which the Narkasur effigy contest was being held and monitored. He also pointed out that the explosion took place when the accused persons were in the process of carrying the IED at or near the stage. The spot was fully crowded, if the accused persons were to have succeeded in doing this, then, a tragedy of most unfortunate proportions would have taken place killing or injuring hundreds of innocent victims. Despite there being overwhelming evidence on record, the learned Special Judge has chosen to seriously doubt "veracity of FIR" itself and this constitutes perversity, APP Faldessai said.He asserted that the prosecution has produced overwhelming evidence on record to establish beyond reasonable doubt the links between Sanatan Sanstha and the accused persons. In fact, the prosecution has proved beyond reasonable doubt that the accused persons are the members and sadhaks of the Sanatan Sanstha. Moreover, Faldessai pointed out that the prosecution has also established beyond reasonable doubt that from 2001 or thereabouts, the Sanatan Sanstha of which the accused persons were members/sadhaks was opposing holding of any Narkasur effigy competition. On the other hand, Advocates Sanjeev Punalekar and Nagesh Joshi appeared on behalf of the accused. They submitted that in this case, there is absolutely no evidence on record to convict the accused persons and the view taken by the learned Special Judge is not only a plausible view but in fact, it was only the view that could have been taken in this matter. They contended that the sanction under Section 7 of the provisions of Explosive...

Bombay HC Upholds Acquittal Of 6 Accused In Goa Blast Case, But Sets Aside Trial Judge's Remarks [Read Judgment]

Nitish Kashyap

Tags