Panaji: In two separate gambling cases, two courts acquitted two defendants because the prosecution failed to arrest or charge anyone offering the bets.
In the case of a 37-year-old accused caught with Rs 530, carrying out gambling activities by betting on numbers by numbers, near Honda’s wholesale vegetable store, the court ruled: “In order to prove gambling there -bas must be an acceptor and a bettor. In this case, the prosecution only charged the accused and the gambler is missing.
“Thus, there is absolutely no evidence to show that the accused accepted matka bets and that the items attached under the panchanama are the items used for the game,” JMFC Sattari told Valpoi, Girija Govind Gaonkar .
In the second case where a 25-year-old defendant was arrested near the Panaji KTC bus stop with Rs 4,495, accepting bets in the form of numbers in 2019, the court ruled that for gambling activities he must have two parties – one offering bets and the other accepting bets.
“In this case, not a single person offering the bets has been arrested or charged by the police. There should be someone to offer the bets before the other, who accepts them. In the absence of anyone who offered the bets, it is difficult to accept that the accused accepted the bets, ”said JMFC Panaji, Sabino A Braganza.
On the assertion of the prosecution that the accused accepted bets in an open public place, the court ruled that “the non-examination of any independent witness is fatal to the case of the prosecution”.
“Even assuming that the case and the items were seized from the accused’s, one cannot directly conclude that the accused was playing in the public square. There is no evidence that the money comes from a gambling activity, ”the court said.
Both defendants were acquitted under section 11 (2) a of the Goa, Daman & Diu Public Games Act 1976.



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