Mapusa April 1 2026
In a significant judgment delivered on March 30 2026 the Court of the Additional Sessions Judge at Mapusa presided over by Apurva R Nagvenkar acquitted accused Minesh alias Munna Kalangutkar, Vikas Govekar, Gautam alias Raghlo Simepuruskar and Vivekanand alias Boby Kalangutkar in the 2011 Palm Sugar Beach Shack assault case at Baga Calangute. Proceedings against accused Rajesh alias Guru Simepuruskar had earlier abated following his death.
The case arose from an alleged incident on December 18 2011 in which the accused were charged under Sections 143 147 148 326 and 307 read with Section 149 of the Indian Penal Code for forming an unlawful assembly and attacking complainant Laxman Naik and his associate Narendra Dessai with weapons including rods knives choppers and a sword.
After examining seven prosecution witnesses and the entire record the Court held that the prosecution failed to prove its case beyond reasonable doubt. The judgment pointed out serious contradictions and material improvements in the testimonies of the complainant and the injured witness which rendered their evidence unreliable.
The Court noted that although the alleged incident took place in a crowded beach area no independent witnesses were examined. All the witnesses were found to be closely associated with the complainant and were treated as interested witnesses whose evidence required corroboration which was absent.
The Court also found that the identity of the accused was not established. No test identification parade was conducted and some accused were identified for the first time in court after several years which was held to be unsafe.
The recovery of weapons allegedly at the instance of accused Minesh alias Munna Kalangutkar was found to be doubtful. The weapons were recovered from an open public place several days after the incident without any concealment and the panch witnesses were acquaintances of the complainant which weakened the evidentiary value of the recovery.
The prosecution also failed to establish any motive for the alleged assault despite evidence suggesting a prior incident on the same day. Important witnesses who could have explained the background were not examined.
Medical evidence was also found inconclusive. Although injuries were noted the final medical certificates were not produced and the doctor admitted that some injuries could have been caused by alternative means which weakened the allegation of attempt to murder.
The Court further observed that no specific role was attributed to any individual accused. The allegations were general in nature and there was no clarity as to which accused used which weapon or caused which injury.
Several procedural lapses were also noted including failure to properly prove panchanamas absence of forensic examination of weapons and clothes and failure to link the alleged weapons with the injuries. These deficiencies created serious doubt about the prosecution case.
Advocate Vinayak D Porob appeared for the accused while Public Prosecutor Siddhi Sawant represented the State.
Holding that criminal liability cannot be based on vague and unreliable evidence the Court acquitted accused Minesh alias Munna Kalangutkar, Vikas Govekar, Gautam alias Raghlo Simepuruskar and Vivekanand alias Boby Kalangutkar of all charges. They have been directed to execute personal bonds of ten thousand rupees each under Section 437 A of the Code of Criminal Procedure. The seized material objects are to be destroyed after six months and the proceedings have been closed.
