LAWS(BOM)-2010-12-84

STATE POLICE INSPECTOR Vs. AIRES RODRIGUES

Decided On December 13, 2010
STATE THROUGH POLICE INSPECTOR Appellant
V/S
AIRES RODRIGUES Respondents

JUDGEMENT

(1.) Heard Shri M. Amonkar, the learned Special Public Prosecutor and the respondent/accused in person.

(2.) The respondent is being prosecuted as accused No. 1 in C.C. No. 85/2007/A. He had taken two objections regarding the maintainability of the said case against him.

(3.) On 16/8/2004, two complaints/first information reports came to be lodged against the respondent. One was lodged by Senior Celia Fernandes. It was registered as Crime No. 3/06 at the Women's Police station which resulted in filing a charge-sheet registered as Criminal Case No. IPC 83/2006/C and which ended in the acquittal of the accused under sections 509 and 504 IPC by judgment dated 9/4/2009 of the learned JMFC, Panaji. As can be seen from para 2 of the judgment, the case of the prosecution was that on 5/8/2004 at around 17.30 hrs. Sr. Celia Fernandes, a nun attached to Our Lady of Ajuda Convent, Ribandar was at the convent along with other nuns, when the accused called up over the convent telephone number 2444336 and gave threats of raping her and further abused her in filthy words effecting (sic.) her modesty.