ABDUL RAJAK CHAPPARBAN Vs. STATE OF GOA (AS

JUDGEMENT

(1.) Heard Mr. Salil Saudagar, learned Counsel who has been appointed under Legal Aid Scheme to appear on behalf of the Appellant and Mr. Pravin Faldessai, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and order dated 16.12.2016 made by the learned Children's Court for the State Of Goa in Special Case No. 54/2013 convicting the appellantaccused for offences under Section 376 and 506 of IPC, under Section 8(2) of the Goa Children's Act, 2003 and under Section 6 of Protection of Children from Sexual Offences Act, 2012. Further, by the impugned judgment and order, the following sentences came to be imposed upon the accused:-

(3.) Mr. Salil Saudagar, learned Counsel for the appellant, at the outset submits that the charge framed against the accused in this case related only to a single incident dated 24.02.2013. He points out that in relation to this single incident, there is no evidence on record. Instead, the learned Children's Court, without altering the charge or affording the accused any opportunity, has chosen to convict the accused for a different charge. He submits that in such a situation, prejudice is writ large to the accused. He relies on the decision of the Hon'ble Apex Court in Main Pal v/s. State of Haryana, 2010 10 SCC 130 to submit that the conviction is liable to be set aside in such circumstances.