Nadia's dying declaration appears doubtful: HC TNN, Jun 26, 2010, 04.42am IST
PANAJI: The high court of Bombay at Goa while rejecting the anticipatory bail application of former tourism minister Francisco “Mickky" Pacheco on June 21 observed that “prima facie there is material on record to show a very close relationship between Pacheco and Nadia Torrado".
Justice A S Oka also observed, “The deceased was already married. There is some material on record to show that the deceased travelled by air as a spouse of the tourism minister, which was the post held by the applicant."
The court noted that as per material collected during investigations there was conversation between Nadia from her cellphone and Mickky’s cellphones from May 13 to May 15. “The prosecution claims that the scientific analysis of the details of the cellphone of the applicant shows that the applicant was present in the house of the deceased on the night of May 14, 2010," the court observed. Considering the investigation record submitted by the public prosecutor, the court stated that it is found that the applicant was all along present at the Appollo-Victor Hospital at Margao, Jupiter Hospital, Thane and Appollo Hospital, Chennai.
“The investigation reveals that though there is no specific material on record to show that on May 16, 2010, when the alleged dying declaration of the deceased was recorded he was in the premises of Jupiter Hospital, but there is material to show that he was nearby the hospital (sic)," the court said. Referring to the documents submitted by the prosecution, the court further stated that the record shows that when the deceased was admitted to Apollo Victor Hospital at Margao, the case history notes only the consumption of Ratol.
However, the case history recorded by the Jupiter Hospital at Thane on the same day also notes the consumption of 0.25 mg tablets of Restyl. It was recorded that there was a consumption of 20 tablets by the deceased on the evening of May 14, 2010, the court noted.
“It is pertinent to note that the socalled dying declaration records that the deceased consumed Ratol by mistake on the morning of May 15, 2010. Surprisingly, the deceased was shifted to Apollo Victor Hospital in Goa in the afternoon after 3pm. At that time the applicant was present. Therefore, the case of accidental consumption of Ratol in the so-called dying declaration of the deceased appears to be doubtful," the court remarked.
While holding that the custodial interrogation of the applicant was required, the court opined that considering the manner in which the incident occurred, the offence appears to be of a very serious nature.
The court also made it clear that its observations were only for the purpose of deciding the bail application and should not be construed as any finding recorded by the court.
