After a statement was made by the Public Prosecutor that the appeal has been filed by the State, Justice R. P. Sondurbaldota of the Bombay High Court at Goa today disposed the petition filed by Adv. Aires Rodrigues challenging the acquittal of the three accused.
The three accused Rajesh Desai, Balesh Desai and Vinay Desai were on 20th Feb acquitted of murder charges by Judge Desmond Ducats. The main accused Rajesh Desai is the younger brother of former BJP Industries Minister Ramrao Desai.
Stating that judgments which smack of tilted scales of justice cannot be allowed to go unchecked, Adv. Aires Rodrigues had submitted to the High Court that he had filing the petition as he apprehended that the Government for politically motivated reasons may not challenge the acquittal of the three accused.
Adv. Rodrigues had in his petition also submitted that Judge D’Costa erred in rejecting the case of the Prosecution that the dead body was in fact that of Samir Mapari despite it being proved beyond any doubt.
Challenging Judge Desmond D’Costa’s judgment on 38 grounds, Adv. Rodrigues had drawn the attention of the Court to the wrong finding by Judge D’ Costa that the DNA report was negative though factually the report did not state so.
Stating that it was undisputed that the death of the said Samir Mapari was homicidal, Adv. Rodrigues has submitted that Judge Desmond D’Costa failed to appreciate that the Prosecution had proved the motive of the crime which was evident from the deposition of various witnesses including the mother of the late Samir Mapari.
Alleging that to discard the case of the prosecution the evidence had been selectively utilized without true appreciation of the effect of the entire evidence, Adv. Rodrigues has stated that Judge D’Costa laid undue importance on the missing report vis-à-vis the identification mark of the deceased and the nature of the shirt that was worn by Samir Mapari on whether, it was a ‘T’ shirt or a bush-shirt.
Adv. Rodrigues had in his petition also stated that the legality of the acquittal of the three alleged killers needs to be examined by the High Court to see whether the wheels of justice in the case had strictly moved in accordance with law.
Pointing out that the public revelation by the Public Prosecutor Sarojini Sardinha that she was pressurized in the case was a matter of grave concern that the High Court would also have to take cognizance of Adv. Rodrigues had stated that faith of the citizens and the public at large stands shaken with such revelations.
It may be recalled that the murder trial of the three accused was on before the South Goa Principal Sessions Judge Nutan Sardessai but the accused in August last year managed to get the trial transferred before Additional Sessions Judge Desmond D’Costa.
The case of the prosecution was that the Accused hatched a criminal conspiracy to eliminate Samir Mapari and took him to the farm house of the main accused Rajesh Desai and committed murder by intentionally causing the death of Samir Mapari by deceitful means. The Prosecution in the case had examined 100 witnesses.