Margao Court Acquits Two Accused in Separate Matka Gambling Cases Citing No Arrest Of Betters

In two separate judgments in two separate cases, the Margao Judicial Magistrate First Class (JMFC) Court has acquitted two individuals charged with conducting illegal matka gambling in public places.

Acquitting accused Rajeshkumar Nishad, a resident of Veroda, Salcete, who was booked by the Cuncolim Police on April 9, 2024, and Rajkishor Prasad, a resident of Dramapur, Navelim, who was booked by the Margao Town Police on March 13, 2020, the JMFC Court held that the police had failed to arrest any bettors, and therefore could not establish that the accused were accepting bets.

On April 9, 2024, the Cuncolim Police registered an FIR against 44-year-old Rajeshkumar Nishad, alleging that he was caught red-handed accepting matka bets near IDC Gate 1 in Cuncolim. The police seized ₹540 in cash, a matka slip book, two carbon papers, and a blue ballpoint pen.

In the second case, on March 13, 2020, the Margao Town Police registered an FIR against 43-year-old Rajkishor Prasad, alleging that he was caught accepting bets at Dramapur Market. The police seized ₹800 in cash, a matka slip book, two carbon papers, and a blue ballpoint pen.

Both accused were tried under the Goa, Daman and Diu Public Gambling Act and pleaded not guilty, claiming that the charges had been fabricated.

In separate judgments in both cases, the trial court highlighted several fundamental flaws in the police investigations. The Court primarily observed that gambling inherently requires two parties—one who offers a bet and another who accepts it. The police failed to apprehend or even name a single bettor in either case.

“The offence of gambling cannot be committed by only one person,” the Court observed, noting that the failure to produce any bettors undermined the foundation of the prosecution's case.

Although both alleged incidents took place in broad daylight in crowded public areas, the police did not examine any independent eyewitnesses or summon local bystanders. The Court also noted that, during cross-examination, the investigating officers admitted that the seized slip books did not explicitly bear the word “Matka”. There was also no forensic examination or evidence linking the handwriting on the slips to the accused.

Rejecting the Additional Public Prosecutor's argument that a statutory presumption should be applied, the Court held that the State must first establish through cogent evidence that the seized articles were actually used in a game of chance.
The Court ultimately held that the prosecution had failed to provide independent corroboration or prove that the seized items were used for gambling. It accordingly acquitted Rajeshkumar Nishad and Rajkishor Prasad in their respective cases.