Panaji: A special court has ordered charges of attempt to murder, wrongful restraint and other sections under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act be framed against eight persons in the assault of activist Rama Kankonkar last year.The prosecution has made out a prima facie case against all the accused to face a joint trial and a sufficient ground to frame charges, the special court held.Accused Zenito Cardozo filed an application seeking to be discharged on the grounds that there is no prima facie evidence connecting him with the alleged offence and that he is made an accused only on the basis of confessional statement of co-accused recorded during the investigation, which cannot form part of the chargesheet.But the court observed that there has to be sufficient material and grounds to frame charges against the accused and at this stage prosecution evidence cannot be appreciated or discarded straightaway. The prosecution should be given an opportunity to establish their case in trial and the accused has an opportunity to take proper defence suiting their case.In the present case, the court observed that Zenito is out on conditional bail and his name was disclosed by co-accused. His cellphone has been attached and sent for forensic examination and therefore at this stage he cannot be discharged merely because he was named by co-accused. The court added that the statement of co-accused facing joint prosecution and thereafter joint trial has been recorded under provisions of the Indian Evidence Act and the BSA.The accused allegedly hatched a criminal conspiracy, wrongfully restrained Kankonkar, assaulted him and attempted to murder him and also threatened him with dire consequences, showing him a knife, all in broad day light in Caranzalem in Sep last year. They also allegedly rubbed cowdung on his face and recorded the acts on their phone.
