Not long ago at the final arguments of a long winding murder trial, the
Public Prosecutor concluded his final arguments in one sentence. “Your
Honour, the Prosecution has not proved its case so the Court may pass
appropriate orders” is what the very conscientious Public Prosecutor Roy
D’Souza candidly submitted before Sessions Judge Edgar Fernandes.This was
the shortest final arguments in my entire legal career and the three young
accused were rightly acquitted with the Court observing that there was
absolutely no evidence to connect them to the alleged murder.

The Public Prosecutor lived in letter and spirit to the mandate of the
Supreme Court which has time and time again reiterated that a Prosecutor
should never end up being a Persecutor.  Our Highest Court has rightly held
that a Public Prosecutor is not expected to show a thirst to reach the case
in the conviction of the accused somehow or the other irrespective of the
true facts of the case. The Court ruled that the expected attitude of the
Public Prosecutor while conducting the prosecution must be couched in
fairness not only to the Court and to the investigating Agency but also to
the accused. The Court has also observed that if an accused is entitled to
any legitimate benefit during trial, the Public Prosecutor should not
scuttle or conceal it.

It is unfortunate if any Prosecutor does not adhere to this mandated diktat
of the Supreme Court while brazenly acting as de-facto Persecutor. Have
come across one, and that too a novice Assistant Public Prosecutor
appointed earlier this year.
Adv. Aires Rodrigues

C/G-2, Shopping Complex

Ribandar Retreat

Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012


You can also reach me on AiresRodrigues


Reply via email to