LAWS(BOM)-2010-7-87

VIDESH KARMALKAR Vs. STATE

Decided On July 05, 2010
VIDESH KARMALKAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard.

(2.) In this Writ Petition, the accused no.3 in Sessions Case No.2/2010 has challenged the order dated 9/03/2010 of the learned Additional Sessions Judge, Panaji.

(3.) For 4 murders, 5 accused were committed to the Court of Sessions by order dated 22/01/2010 of the learned JMFC, Panaji. Out of the 4 victims - murdered persons, 2 are majors and 2 are minors i.e of 8 and 3 years of age and therefore 'children' within the meaning of the Goa Children's Act, 2003. There is no dispute that when it comes to offences against children they are required to be tried by the Children's Court. Since 2 of the victims - murdered persons are children, the learned Additional Sessions Judge has given a direction by the impugned order that the charge sheet be split, and the accused who have committed offences against the said two children be tried by the Children's Court and the offences against the other 2 victims - majors could be tried by the learned Additional Sessions Judge.