LAWS(BOM)-2010-8-9

STATE Vs. GOPAL GANESH SHETGAONKAR

Decided On August 25, 2010
STATE THROUGH POLICE INSPECTOR, PERNEM POLICE STATION, PERNEM, GOA Appellant
V/S
GOPAL GANESH SHETGAONKAR Respondents

JUDGEMENT

(1.) Heard. These appeals can be conveniently disposed of by this common judgment. They arise from judgments of acquittal passed by the learned JMFC, Pernem, both dated 24/02/2010.

(2.) According to the prosecution, there were two incidents which gave rise to filing of two cases. The first incident is of 1/08/2005 regarding which an FIR was filed on the same day. As regards this incident, the accused were charged and tried in CC No.21/S/2006 and they have been acquitted, except accused no.3, under Sections 143, 452,427,354,504,506(ii) r/w 149 IPC. The second incident took place on 6/08/2005 regarding which the FIR was filed on 9/08/2005 and registered on 10/08/2005. As regards the second incident, the accused were charged and tried in CC No.29/S/2006 and the accused, except accused no.2, have been acquitted under Sections 143,451,427 IPC.

(3.) After the alleged second incident, the first informant along with her husband and others filed a civil suit on 10/08/2005 bearing C.S. No.42/2005 with an application for injunction which was disposed of by order dated 1/12/2005.