Panaji: A Mapusa court has set aside an “erroneous” order passed by the JMFC, Pernem, which had directed framing of charges against Noel D’Souza, 42 for trespass, defiling a place of worship with intent to insult the religion of any class, and criminal intimidation. The court discharged D’Souza of all offences.D’Souza was arrested in Sep 2024 following a complaint filed by Amar Arondekar, a resident of Vironda, Pernem. He alleged that D’Souza criminally trespassed into a property at Morjim, kicked a table on which labourers were performing Ganesh rituals and picked up a wooden log and threatened to kill them.D’Souza challenged the JMFC order before the additional sessions judge. D’Souza’s advocate, Ashish Swar, argued that the case was false and claimed that while D’Souza was taken in custody, his mundkarial house was demolished.Swar also submitted that there was no material to show the labourers were Hindus, and contended it was implausible that Ganesh rituals were being performed at a construction site by labourers who were not Hindus.Public prosecutor A Goltekar submitted that material collected during investigation discloses prima facie case.Additional sessions judge (FTC), Mapusa, Reina Fernandes held that the essential ingredients of Section 298 of the BNS were not made out. “In the present case, no place of worship is involved in the alleged incident. The mere act of placing a photograph of Lord Ganesh at the site does not convert the construction site into a place of worship. Therefore the essential ingredients of Section 298 of BNS are prima facie not satisfied, hence no charge under Section 298 of BNS can be framed against the applicant,” the court said.The court further held that there was nothing on record to indicate criminal intimidation or criminal trespass.
