BY SHYAM ZAMBAULIKER | NT NETWORK

MARGAO: It is often pointed out that detecting criminal cases, arresting the criminal and maintaining law and order is one of the main obligation of the police.

However, another equally important part of this job is ensuring that the criminal faces trial for the offences and serves the sentence imposed upon him for the commission of the crime for which he or she is being tried in a court of law.

Legal luminaries feel that the investigating agency is primarily responsible for ensuring convictions, however the number of criminals being acquitted due to lack of evidence or due to sloppiness in investigation is gradually rising.

From January to June 2010, several sensational cases reported in South Goa have ended in acquittal of the accused. These cases include murders, attempt to commit murder, rape and even assault, where there have been eye witnesses. Moreover, several cases were discharged by the court before even framing of the charges. In other cases, those sentenced and convicted appealed against the sentences and many of these too were subsequently acquitted.

One such case in the public limelight of late is the case of Mahanand Naik, the serial killer arrested by the police in connection with the murder of Nirmala Amolker from Rivona. He was acquitted due to lack of evidence. This by the way, was the third case involving Mahanand, that ended in acquittal of the accused due to lack of evidence, even after the police claiming that he had confessed to the crime.

The presiding judge, in his judgement said that there is no evidence against the alleged accused. The prosecution examined six witnesses during the trial, including the brother of the deceased and the police officer who investigated the case.

Besides this case, Mahanand Naik was first acquitted in the murder case of Surat Gaunker, a young girl from Panchwadi. Later he was also acquitted in the murder of Bhagu Upasker, a 38-year-old woman from Sacordem.

In another case, two individuals arrested by the Curchorem police in a case of attempted murder were also acquitted. Prakash Wadar and Bhima Wadar were given the benefit of doubt and acquitted. Raju Shaik too, another accused arrested by the Margao town police for allegedly circulating fake currency notes was also acquitted due to lack of evidence.

Gurappa Jamune, a 36-year-old resident of Khareband, Margao, who was arrested by Margao town police under section 307 of IPC for attempting to commit murder of Shivappa Lathur, aged 36, resident of Khareband was acquitted on some similar pretext.

Cantappa Chalwadi, aged 33, a native of Karnataka, arrested by the Curchorem police for murdering his 29-year-old wife, Sharanamma was also acquitted by the judge, who in his order observed that the prosecution failed to prove the case beyond reasonable doubt.

When cases end in acquittal, the victims of the crimes and those affected blame the investigating agencies for the collapse in the criminal system. They point that the police are not adequately trained to investigate criminal cases.

They further allege that the police opt for shortcuts while conducting investigations and so in the bargain end up by carrying out an incomplete investigation that any criminal defence lawyer can tear to shreds, in a court of law, and gain freedom for his client.

Some advocates are of the opinion that the fault was not with the criminal procedure but that the fault lay squarely with the investigating agencies that were responsible for poor and often shoddy investigation.

The police claim that as compared to last year, the rate of convictions this year has improved; however, others claim that this is not entirely correct and true. In some cases while acquitting the alleged accused the court has passed strictures against the investigating officer over the often careless investigation.

Police on their part say that they are playing their role effectively and their investigations are directed to get to the truth. However, they agreed that a few important cases in the past have ended in acquittals. Police have suggested that a separate police cell should be set up to exclusively investigate criminal complaints and these police officials should not be assigned to any other duty, even routine jobs like law and order and VIP security detail. They should be left to investigate only criminal complaints, they feel.

A city advocate, Mr Rajiv Gomes felt that in the absence of direct evidence the prosecution is sometimes forced to rely on circumstantial evidence and that the quality of such evidence is extremely low, with investigators not even trained to collect indirect evidence. He pointed to this as one possible reason for so many undeserved acquittals.

Mr Gomes said that under ordinary criminal law, the primary agency responsible for investigation is the investigating police officer. He said that police officer investigating the cases should be well qualified in scientific skills and resources and with modern technology for collection of evidence.

He also said that quality training of investigators and introduction of modern technology in the investigation process is needed. Mr Shrikant Raiker, a litigant said that an advocate’s duty is to exert his best efforts to achieve the best possible result for his or her client. He said that the client expects all relevant witnesses to be interviewed and cross examined, all relevant evidence examined closely and expert evidence sought so that justice is achieved.

While the reasons and causes of the low rate of conviction continue to be discussed, the fact remains that the rate of conviction is low in the south Goa taluka and what is alarming is the fact that the rate is gradually falling, leading to criminals becoming bolder because they realise they can get away with a heinous crime, if they can afford a good enough lawyer.