fabricated molestation case

2 years ago

1.The Applicant is the resident of the above mentioned address along with his family members.

2.The Applicant is the co-owner of the property bearing survey no. 249/4A situated at saunta waddo, Calangute Bardez Goa admeasuring an area of 950.40 sq.mts.

3.That on 20/4/2017 at around 4.00 p.m the Applicant along with two daily wages laborers was cleaning the scrap material in the compound and was cutting the opening to the compound wall which had a crack so that the Applicant can remove the scrap material out from the compound and one Mr. Sudhir Gurudas Palienkar was engaged by the Applicant to shift the scrap material to another location on his jeep (the compound wall is inside the property of the Applicant) at that point of time the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes and his wife criminally trespassed in the property of the Applicant and started abusing the Applicant with filthy and abusive badwords and started threatening the Applicant and his workers to not to do the work and stop it and thereafter the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes removed our pickaxe and threatened to assault the Applicant and he pushed the laborers and thereafter he brought hot water and splashed on the laborers forcing them to stop the work. That as the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes was creating obstruction, the Applicant called his brother Mr. Floyd Lopes at the site to supervise the work, however even then the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes continued the abuses.

4.That due to the obstruction the Applicant went to his home to make a Police complaint however immediately the brother of the Applicant Mr. Floyd Lopes who was present at the site called the Applicant stating that the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes had called the Police of the Calangute Police Station and two Policeman had appeared at the site in a Police Jeep and also a crowd is gathered at the spot and your presence is required and as such the Applicant
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stopped typing his complaint and he and his wife Mrs. Lorraine Lopes came to the site.

5.That when the Applicant and his wife reached at the site in his property at 6.00 p.m, the crowd gathered at the site was instigating the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes and as the Police was present the Applicant and his wife was explaining the Police officials that the Applicant was cleaning the scrap material in the compound and was cutting the opening to the compound wall which is in his property and this Mr. Ulysses Daniel Silveria@ Eulice Fernandes was obstructing the Applicant and his laborers by trespassing into the property of the Applicant, at that point of time Mr. Ulysses Daniel Silveria@ Eulice Fernandes became aggressive and started abusing the wife of the Applicant with filthy and abusive words and tried to grab her by his hand in the presence of the Police officials and at that point of time the Police Jeep driver Mr. Vishal Naik intervened and rescued her from his hands. The crowd who were gathered at the spot was encouraging the said Mr. Ulysses Daniel Silveria@ Eulice Fernandes to assault the Applicant even in the presence of the Police officials.

6.That as the situation was getting worst the Police suggested the Applicant to go to the Police Station and as such Applicant and his wife left the Police and the crowd at the site and came to the Calangute Police Station at about 6.45 p.m and by the time they reach to the Police station to lodge the complaint, immediately the said Mr. Ulysses Daniel Silveria@ Eulice Fernandes, his wife and the crowd came to the Police station, however instead of registering the complaint of the Applicant and his wife, the Police to the surprise of the Applicant preferred first to send the Mrs. Jennifer N. Silveria to the PHC at Candolim in the police Jeep, which reasons the Applicant and his wife was not aware of and the Applicant and his wife was asked to sit at the Police Station and their complaint was not registered, and when the Applicant inquired as to why their complaint was not getting registered, it was replied by the police that once the said Mrs. Jennifer N. Silveria comes back from the PHC then only our complaint will be

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registered. The said reply of the Police was not at all convincing but still the Applicant was made to sit and was deprived of their rights of registering his complaint.

7.Thereafter one PSI of the Calangute Police Station in a aggressive manner approached the Applicant and stated that “you should not touch women or tear her blouse very dangerous” and there after started calling him “hey hero put your legs down” with that statement the Applicant realized that Mr. Ulysses Daniel Silveria@ Eulice Fernandes has fabricated and filed a complaint stating that the Applicant had touched his wife.

8.That at about 7.30 p.m to 8.00 p.m the said Mrs. Jennifer N. Silveria was brought to the Calangute Police Station and was again sent to the District Hospital at Mapusa and from there to GMC Bambolim and from there she was brought back at about 10.30 p.m at the Calangute Police Station and even thereafter the complaint of the Applicant was not registered but the police were registering the complaint of the said Mrs. Jennifer N. Silveria and the Applicant and his wife was asked to sit on the bench of the Police Station as a accused.

9.Thereafter at about 2.00 a.m the Dy.S.P appeared at the Calangute Police Station and at that point of time the wife of the Applicant informed the entire fact to the Dy.S.P as to for how long they are made to sit at the Calangute Police Station and that the Police are refusing to register the complaint of the Applicant and thereafter upon the instruction of the Dy.S.P at 2.20 a.m the Calangute Police asked the wife of the Applicant to write the entire incident on a paper as a complaint and to furnish it and still the Applicant and his wife was asked to wait as the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes, his wife and the crowd was present at the Police station and only at 3.30 a.m the Applicant and his wife was asked to go home.

10.It is stated that the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes and his wife are habitual trouble makers as their intention is to encroach over the Applicant property and whenever the Applicant
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visits his property they try to provoke a confrontation with an intention to harass the Applicant as the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes had recently illegally constructed ground + one floors in the part portion of the plot no. 4B admeasuring 94.20 sq.mts of the property bearing survey no. 249/4 which plot was purchased by his late mother Carmelina Fernandes from the mother of the Applicant, the said construction is without any approval from the Panchayat, TCP and other statutory authorities and also the said construction is within 200 mts of CRZ which is a No Development Zone and had further encroached in the property of the Applicant by erecting three step to enter in the newly opened door and a metal fabricated shade is erected leaning over the property of the Applicant and as they are aware about the encroachment and illegal activities carried out by them, the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes by putting his wife as a human shield is filing a false complaint against the Applicant so that the Applicant shall not file any complaint or any proceedings against them before the appropriate court against their illegal activities.

11.That on 22/4/2017 at about 3.00 p.m one Police Constable of the Calangute Police station appeared at the Resident of the Applicant and handed over the copy of the Notice u/s 41A of Cr.P.C to the wife of the Applicant intimating that the Applicant is required to be present at the Calangute Police Station on 24/4/2017 at 11.00 hrs with regards to investigation of offence u/s 354, 504, 506(ii) 323 r/w 34 of I.P.C of crime no. 66/2017.

12.That upon receiving the Notice from the Calangute Police station it is clear that a crime is registered against the Applicant based on the false complaint filed by the said Mrs. Jennifer N. Silveria.

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14.That the Applicant has not committed any offence for the Calangute Police to arrest the Applicant, infect the said Mr. Ulysses Daniel Silveria @ Eulice Fernandes by putting his wife as a human shield had filed a false complaint against the Applicant taking advantage of the law.