PANAJI: The state government has issued an order appointing advocate Mahesh Amonkar as special public prosecutor and government advocate Milena Gomes as his assistant, in a revision petition filed by the crime branch in the high court of Bombay at Goa against the acquittal of social activist Aires Rodrigues in the 2004 Ribandar church case.
With the government pubic prosecutor in the high court declining to appear against Rodrigues citing ethical grounds, the government has issued the order to plead the case in the high court. In the revision petition, the crime branch has prayed that the order passed by the additional sessions court should be set aside as Rodrigues cannot claim double jeopardy. Rodrigues was facing trial in two separate cases which were lodged by two separate complainants on August 16, 2004. In the complaint filed by a nun under Section 509 (outraging the modesty of a woman), he was acquitted. In another complaint against Rodrigues, a priest of the Ribandar church had alleged unlawful assembly, trespassing, abuse and threatening.
Later, when the hearing on the complaint of priest of Ribandar church came up for hearing before the court of the chief judicial magistrate (CJM), Rodrigues contended that he could not be tried twice for the same incident as it was barred by Section 300 of the Code of Criminal Procedure. Subsequently, the CJM discharged Rodrigues. Later, the CJM’s order was upheld by the additional sessions court. Now, the crime branch in its petition before the high court has contended that both the offences are distinct and therefore the accused cannot be discharged.
Read more: PPs appointed to plead against Aires acquittal – The Times of India http://timesofindia.indiatimes.com/city/goa/PPs-appointed-to-plead-against-Aires-acquittal/articleshow/6624060.cms#ixzz10ck2cuQE