7 Afghan students get HC relief in assault case
PANAJI: Seven students from Afghanistan got relief from the high court of Bombay at Goa recently after it set aside a chargesheet filed by police against them for allegedly assaulting three students from a college in 2014.
The high court passed the order after the foreign nationals pointed out that there was an amicable settlement between them and the other group of students in the case.
Police had registered a FIR against the petitioners after they assaulted Abdul Wahid, Ahmad and Islamuddin Salimee on account “of the college elections of choosing a leader amongst Afghanistan students”. The complaint was lodged on July 10, 2014. They were charged with Sections 143, 147, 448 and 307 read with 149 of Indian Penal Code.
According to the petitioners, an application for compounding of the offence was filed jointly with the complainants on April 13, 2015, before a judicial magistrate first class court, Panaji.
The JMFC court sent the case for trial to the sessions court. In May, this year, the sessions court dropped the charge under Section 307 of IPC and altered it to Section 324 of IPC and sent the matter back to the JMFC court for framing of charge.
While stating that the complainant and the accused have arrived at a compromise , a division bench comprising justice F M Reis and justice K L Wadane observed, “The alleged offence committed by the petitioners/accused is admittedly not a heinous and serious offence of mental depravity, murder or rape or dacoity or the offence under special statutes like Prevention of Corruption Act. The offence levelled against the accused persons are not private in nature and have no serious impact on the society.”
While opining that the complaints and the petitioners can be permitted to compound the offences, the high court quashed and set aside the chargesheet and proceedings in the criminal case pending before the magistrate.