MARGAO: All the accused chargesheeted in the election countermanding case of 1989, were acquitted on Tuesday, by the Judicial Magistrate First Class (JMFC) Margao, Ms Vandana Tendulkar.

The elections to the Mormugao constituency and two assembly constituencies of Velim and Curtorim were countermanded on November 7, 1989, wherein, nine accused were chargesheeted by the crime branch of which one expired recently.

It is pertinent to note that most of the witnesses in this case had turned hostile. The accused in this case were two city-based lawyers, advocate Mr Anacleto Viegas and advocate Mr Radharao Gracias, Mr Freddy Dias, Dr Ernest Rodrigues, Mr Lino Ferrao, Mr Joe Fernandes, Mr Norbert Almeida, Mr Agostinho Fernandes and Mr Antonio Rosario Estibeiro of Macazana, who expired recently.

The trial in the case dragged on for nearly 21 years. The elections were countermanded following the death of Caietan Jackson Fernandes of Seraulim, in whose name the nomination forms were then allegedly filed before the concerned authorities through impersonation and deceit, when Fernandes was actually lying on his death bed.

The crime branch which conducted the investigations had charged the accused under Sections 199, 465, 471 and 120 B of Indian Penal Code (IPC), for criminal conspiracy to countermand the elections for the Velim and Curtorim assembly constituencies and the Mormugao Lok Sabha constituency in the 1989 polls by impersonating the candidate, Caietan Jackson Fernandes.

During the course of investigations police revealed that Caietan Jackson had never filed his nomination papers for the three constituencies and that he was impersonated as part of the conspiracy to countermand the polls.

His death, however before the election date resulted in cancellation of elections to the two Assembly seats and one Lok Sabha seat.

The Judicial Magistrate First Class (JMFC) Margao, Ms Vandana Tendulkar, who gave clear acquittal to all accused in the said case in her order passed observed that in the present case intention or the act of preparation of filing nomination papers on the part of each or all of the accused had not been proved.

She said that evidence on record is not at all sufficient to show that nomination papers submitted before returning officer were fraudulently or dishonestly prepared by the accused in the name of late Caietan Jackson Fernandes. Even the alleged act of impersonation of said candidate Caietan by Mr Leno Ferrao has not been proved by the prosecution since none of material witness of the prosecution, has identified accused number four Mr Leno Ferrao as the person present before returning officer to submit the nomination form in the name of Caietan Fernandes.

The order further said that only Mr Freddy himself had identified accused number four Mr Lino however sole testimony of Mr Freddy was not found reliable in the view of inconsistency and self contradiction and in absence of any collaboration.

Judge Ms Tendulker further observed that the conspiracy between all accused with intention to countermand the election was itself not established.

The court said that there was no incriminating material against the accused. The prosecution also failed to establish any agreement or league among all the accused to countermand the elections. There was no sufficient evidence on record to prove the motive behind the crime for which the accused were charged with. The case was investigated initially by local police and later its investigations were handed over to crime branch.

Mr Anacleto Viegas represented his case while Mr Radharao Gracias was represented by Mr A B Menezes. Mr Rajiv Gomes Mr Prasad Naik, Mr Mike Mehta were the other advocates who appeared on behalf of the accused. Mr L Fernandes represented the state.