IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( MAIN ) NO. 281 OF 2010 STATE THROUGH CUNCOLIM POLICE STATION ... Applicant Versus ARTHUR D'SILVA ... Respondent Mr. C. A. Ferreira, Public Prosecutor for the Applicant. Coram:- N. A. BRITTO, J. Date:- 22nd December, 2010 ORDER : Heard Shri Ferreira, the learned Public Prosecutor. 2. The accused has been acquitted under Section 304-A IPC. The case pertains to an unfortunate death of a child of about 5 years, resident of Bhatiem, Cuncolim, who accidentally fell in the water pit and died due to drowning on 13/04/2004 at about 12.45 hrs. 3. Prosecution had examined as many as 15 witnesses in support of its case. None of them were eye witnesses. It appears that the said 5 years old victim by name Doncia @ Venisha Fernandes in the absence of her parents fell accidentally into one of the pits, having water, which were dug for the purpose of constructing a foot bridge by the side of the rivulet. The contract was taken by M/s. D.C. Constructions. The learned JMFC has, inter alia, observed that the tender given to M/s. D.C. Constructions was not produced which might have thrown light on the name of the person who was its contractor. The learned JMFC, therefore, has come to the conclusion that prosecution did not produce any cogent evidence to establish that the accused was the contractor of M/s. D.C. Constructions which was entrusted with the work of construction of the said foot bridge at Bahtiem, Cuncolim. That apart, the case appears to be of an accidental fall. Prosecution tried to say that the contractor had not taken safety measures of fencing the pit or to displaying the cautionary sign board. That certainly would not invite criminal liability against the accused. The learned JMFC has noted that there was no evidence to show that the victim fell accidentally or otherwise and it is more than probable that in the absence of the parents the victim went towards water and fell into the said pit which brought about her tragic end due to drowning. 4. This is not a fit case to grant leave to appeal. Application dismissed. N. A. BRITTO, J. NH