ASSISTANT SESSIONS JUDGE GRANTS STAY ON PACHECOs SENTENCE

MARGAO: The assistant sessions judge, South Goa, Ms Sherin Paul on Monday granted stay on the sentence awarded to the former tourism minister and Benaulim MLA, Mr Francisco Xavier Pacheco alias Mickky in the case of assault on junior engineer of the electricity department.

On April 27, 2011, the judicial magistrate first class, Margao, Mr D M Kerker, had sentenced Mr Pacheco to undergo one-year simple imprisonment and to pay a fine of `5,000 under Section 353 of the Indian Penal Code for assaulting a government servant, and in default to undergo one-month simple imprisonment. He was, however, acquitted under Section 342 for wrongful confinement and 504 of the IPC for abusing.

The sessions court on Monday stayed the sentence after hearing the defence as well as the prosecution and has fixed the matter for further hearing.

Mr Pacheco’s advocate Mr Shrikant Naik had moved a petition to the sessions court on May 11, this year, on behalf of his client challenging the JMFC order. In the petition, Mr Pacheco had prayed that the JMFC convicted him merely on suspicion. He had also contended that there was no material on record to convict him.

The prosecution had claimed that Mr Pacheco called the junior engineer, Mr Kapil Natekar in his office on July 14, 2006 and told him to attend his office next day. It further said that Mr Natekar later sought the permission from assistant engineer and came to the office of the then tourism minister at Betalbhatim along with one more junior engineer on July 15, 2006. Mr Natekar was called inside the minister’s chamber whereupon he was assaulted, claimed the prosecution. The charge-sheet filed against the former minister in the case in 2009 also stated that Mr Pacheco abused and wrongfully confined Mr Natekar.

According to the Colva police, on the same day a complaint was lodged by Mr Natekar who was sent for medical examination and later offence under sections 353, 342 and 504 of the IPC was registered by the then Colva police.  The police filed the charge-sheet after the prosecution gave a go-ahead.