The main legal point established in the judgment is the reliance on consistent eyewitness testimonies and physical evidence to establish guilt, as well as the refusal to allow a belated application for a narco analysis test.

1. Heard Mr. Bras De Sa, learned Counsel appearing on behalf of the petitioner, and Mrs. Gomes Pinto, learned Additional Public Prosecutor (A.P.P.) appearing on behalf of the respondent.

2. By this Revision Application, the petitioner has taken exception to the judgment and order dated 04/10/2013 passed by the learned Sessions Court, South Goa, Margao (Sessions Court) in Criminal Appeal No. 49/2011. The Revision Application was admitted on 1/10/2013 and hearing was expedited. In this Revision Application, on 03/04/2014, i.e. yesterday, the applicant filed an application under Stamp Number Application No. 910 of 2014 praying therein to direct the respondent to conduct a narco analysis test and/or brain electrical activation test of the petitioner prior to hearing the petitioner's Revision Application. The Revision Application as well as the said Miscellaneous Application are taken up together for final hearing.

3. The petitioner was the appellant in the said Criminal Appeal No. 49/2011 and had challenged the judgment and order dated 05/05/2011 passed by the learned Judicial Magistrate, First Class, Margao ('JMFC' for short), by virtue of which, he was convicted and sentenced for offence punishable under Sections 279 and 304-A of I.P.C. The Appellant shall, hereinafter, be referred to as the accused.

4. The State through Maina-Curtorim Police Station had filed charge sheet against the accused alleging that he drove the Pick-up bearing registration No. GA-02/T-5362 in a rash and negligent manner on 22/04/2006 at about 16.00 hours, while proceedings from Curtorim towards Macazana and on reaching at Nova Bazaar, Macazana, the accused dashed against an oncoming motorcycle bearing registration no. GA-02/H-4069, due to which, the rider of the motorcycle sustained grievous injuries and succumbed to them on the way to hospital.

5. Substance of accusation was duly explained to the accused by the JMFC and he pleaded not guilty. The prosecution examined 11 witnesses in order to prove the charge against the accused. The accused was then examined under Section 313 of Cr.P.C. and he examined two witnesses and also himself and closed the case.

6. Upon consideration of the material on record, the learned JMFC held the accused guilty of the offences punishable under Sections 279 and 337 of I.P.C. The accused has been sentenced to undergo Simple Imprisonment for a period of one month and to pay fine of Rs. 1,000/-, in default, to undergo Simple Imprisonment for further period of 15 days for the offence punishable under Section 279 of I.P.C., and in respect of the offence under section 304-A of I.P.C., he has been sentenced to undergo Simple Imprisonment for a period of six months and also to pay fine of Rs. 2,000/-, in default to undergo Simple Imprisonment for further period of one month. Both the sentences of imprisonment have been ordered to run consecutively. Aggrieved by the judgment, order and sentence of the learned JMFC, the accused filed Criminal Appeal No. 49/2011. By judgment and order dated 04/10/2013, the learned Sessions Court dismissed the appeal and confirmed the judgment, order and sentence imposed by the learned JMFC. It has been further ordered that the amount imposed as fine, if recovered, shall be paid as compensation to the widow of the deceased in terms of Section 357 of Cr.P.C. The above judgment and order of the Sessions Court is impugned in the present Revision Application.

7. Mr. De Sa, learned Counsel appearing on behalf of the accused submitted that this was a case of mistaken identity. He submitted that there was ample evidence on record showing that the vehicle was driven by the brother of the accused and no test identification parade was conducted in this matter. He, therefore, submitted that the application for narco analysis test should be ordered to find out as to whether the accused was the driver. He relied upon the judgment of the Hon'ble Supreme Court in the case of “Selvi and others Vs. State of