North Goa Additional Sessions Judge Sharmila Patil has quashed and set aside the order of Mapusa Judicial Magistrate First Class (JMFC) which had convicted Adv. Aires Rodrigues in connection with his alleged social media posts on the sex scandal involving the then Water Resources Minister. The then Mapusa JMFC Pooja Desai on 5th January last year had convicted Adv. Rodrigues.
Allowing the Appeal filed by Adv. Aires Rodrigues, the Additional Sessions Judge Sharmila Patil in her 19 page judgement while holding that the JMFC’s order was perverse and illegal has ruled that the JMFC erred in rendering findings on the incriminating circumstances which were not put to Adv. Rodrigues while recording his statement under Section 313 of the Criminal Procedure Code.
While holding that the Court cannot opt to pick and choose selection procedure in putting questions, Judge Patil has stated that each and every circumstance emerging from the record against the accused must be put to him.
Judge Patil in her judgement while pointing out 17 instances of incriminating instances which were not put to Adv. Rodrigues, has also highlighted an unwarranted question put to Adv. Rodrigues by the JMFC while recording his statement under 313 of the Criminal Procedure Code.
Stating that the JMFC had created a confusing situation for herself by passing the judgement and relying on incriminating circumstances which were never put to Adv. Rodrigues with no explanation sought from him thus not being in settled principles of recording statement under 313 of the Criminal Procedure Code, Judge Patil has remanded the matter back to Court of JMFC Mapusa with directions to again record the statement of Adv. Rodrigues under Section 313 and decide the matter afresh after giving him an opportunity to lead defence evidence.
Adv. Aires Rodrigues was represented by Adv. Arun Bras D’Sa while Public Prosecutor Roy D’Souza appeared for the State.