Order on Mickky’s appeal in assault case on Dec 13

The Additional District and Sessions Judge, South Goa, on Wednesday, postponed the order on appeal filed by MLA, Mr Francisco (Mickky) Xavier Pacheco in an assault case to December 13.
 
Advocate, Mr Amit Paleker was present in the court on behalf of Mr Pacheco.
 
Mr Subhash Dessai, the public prosecutor, was also present. Mr Pacheco has filed the appeal challenging the order of lower court at Margao. Court has heard arguments of defense advocate as well as public prosecutor.
 
Mr Pacheco in his appeal has prayed to the Sessions Court to quash and set aside the JMFC’s order dated April 27, 2011 and acquit him of the charges.
 
The appeal petition says that JMFC has convicted Mr Pacheco on mere suspicion, saying the trial court arrived at a wrong conclusion as regards commission of offense.
 
The appeal also said that court has passed the order in excess of its jurisdiction and has wrongly and illegally convicted the accused and has also failed to consider that there was nothing on record to show that witness traveled to residence of the accused in connection with discharge of official duty, stating that no offence under Section 353 of the IPC was made out.
 
It may be recalled that JMFC, Margao had convicted and sentenced Mr Pacheco to one year simple imprisonment for assaulting electricity junior engineer, Mr Kapil Natekar.
 
Mr Pacheco challenged the order in the South Goa District and Sessions Court.
 
According to the prosecution, Pacheco called the junior engineer, Mr Kapil Natekar in his office on July 14, 2006, and told him to be present there on the next day. Mr Natekar along with another junior engineer went to the office of Pacheco in Betalbatim and while the other junior engineer was asked to wait in the waiting area, Mr Natekar was called inside and assaulted by Pacheco (then the tourism minister).
 
Mr Natekar filed a complaint with the Colva police and was consequently sent for medical examination. Later, an offence under Sections 353, 342 and 504 of IPC was registered by the then Colva police sub-inspector, Mr Brutano Paxito.
 
According to the charge-sheet filed by the police, Mr Pacheco assaulted Mr Natekar, abused him and wrongfully confined him. Mr Pacheco, however, pleaded ‘not guilty’ to the charge and said that the charges levelled against him by Colva police was a conspiracy hatched by a South Goa politician to malign his image. The court examined seven witnesses in the case including investigating police sub-inspector, Mr Brutano Paxito. [NT]