Goa Court Acquits Five in Dabolim Airport Nuisance Case Citing Major Investigative Failures
In a significant legal development, the Judicial Magistrate First Class (JMFC) court in Vasco, Goa, has acquitted five individuals who were accused of unlawful assembly and public nuisance at the Goa International Airport in Dabolim back in May 2022. The court, presided over by Magistrate Pooja S. Desai, delivered the verdict after highlighting critical lapses in the police investigation that severely undermined the prosecution's case.
Details of the Case and Acquittal
The prosecution had alleged that the incident occurred between 3:30 AM and 3:35 AM at the airport's departure gate. According to their claims, the accused arrived in a vehicle, formed an unlawful assembly, and began shouting, thereby creating a nuisance and causing inconvenience to passengers. However, the court found the evidence insufficient to sustain the charges.
The acquitted individuals are Joseph Minguel, Leslie De Souza, and Felizardo Cliff De Souza, all residents of Katem Baina, along with Dishu Singh and Troy Fernandes from Vasco. They were cleared of all charges related to the alleged disturbance.
Key Investigative Lapses Cited by the Court
In her detailed judgment, Magistrate Desai pointed out several major flaws in the investigation conducted by the authorities. These lapses played a pivotal role in the decision to acquit the accused. The court emphasized that the investigating officer admitted to failing to conduct a test identification parade (TIP), which is a standard procedure to ensure reliable identification of suspects.
Additionally, the investigation did not assign specific roles to each accused person, making it difficult to establish individual culpability. The court also noted that independent witnesses, who were reportedly visible in video footage of the incident, were not examined. This omission further weakened the prosecution's ability to prove the case beyond a reasonable doubt.
Reliability of Identification Questioned
A particularly serious issue highlighted by the court was the absence of a proper identification parade. The Central Industrial Security Force (CISF) personnel identified the accused for the first time at the police station only after viewing their identity cards. The court observed that such identification may not be reliable, as it could be influenced by prior knowledge or bias, rather than being based on a fair and impartial process.
This flaw raised doubts about the accuracy of the identification, which is a cornerstone of criminal proceedings. Without a robust identification mechanism, the prosecution's case lacked the necessary credibility to secure a conviction.
Broader Implications of the Judgment
The acquittal serves as a reminder of the importance of thorough and meticulous investigations in legal cases. Investigative lapses, such as those cited in this instance, can lead to the collapse of prosecution efforts, even in situations where public nuisance or unlawful assembly is alleged. The judgment underscores the need for law enforcement agencies to adhere to established protocols to ensure justice is served effectively.
This case also highlights the judicial system's role in scrutinizing investigative procedures and upholding the rights of the accused. By acquitting the individuals due to procedural failures, the court has reinforced the principle that evidence must be gathered and presented in a manner that withstands legal scrutiny.
