MUJEEB ABUBAKAR Vs. STATE

JUDGEMENT

(1.) Heard Mr. Anthony D'Silva, under the Legal Aid Scheme and Mr. Pravin Faldessai, learned Additional Public Prosecutor for the State.

(2.) The challenge in this Appeal is to the Judgment and Order dated 10th October, 2014, made by the learned Children's Court in the State of Goa in Special Case No.33/2009, convicting the Appellant for the Offence punishable under Section 376 of the Indian Penal Code, read with Section 8(2) of the Goa Children's Act, 2003, as also for fine under Section 2(m), punishable under Section 8(2) the Goa Children's Act, 2003 (said Act). The Appellant was, however, acquitted of the offence punishable under Section 328 of the IPC.

(3.) By the impugned Judgment and Order, the Appellant was sentenced to undergo imprisonment for a term of 12 years for the offence punishable under Section 376 of the IPC, read with Section 8(2) of the said Act and also directed to pay fine of Rs. 2,00,000/-, in default, to undergo simple imprisonment for a period of 2 years. Further, the Appellant was also sentenced to undergo rigorous imprisonment for a term of 3 years for the offence punishable under Section 2(m), punishable under Section 8(2) of the said Act and fine of Rs. 1,00,000/-, in default, to undergo simple imprisonment for a period of one year. The substantive sentences of imprisonments were ordered to run concurrently. The Appellant was, however, granted the benefit of Section 428 of the Cr.P.C.