DEVILAL KURMI Vs. STATE

JUDGEMENT

(1.) Heard Mr. A. V. Pavithran, learned counsel for the appellant appointed under the Legal Aid Scheme, and Mr. Mahesh Amonkar, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the Judgment and Order dated 23.07.2015 made by the learned Children's Court for the State of Goa at Panaji in Special Case No.69/2010 by which the learned Children's Court convicted the appellant-accused for an offence under Section 2(y)(i) and 2(y)(ii) punishable under Section 8(2) of the Goa Children's Act, 2003 (said Act) and sentenced him to undergo Rigorous Imprisonment for a term of ten years and directed him to pay fine of Rs. 2 lakhs, and in default to undergo Simple Imprisonment for one year for the offence under Section 2(y)(i) punishable under Section 8(2) of the said Act and to a sentence of Rigorous Imprisonment for a term of three years and pay a fine of Rs. 1 lakh and in default to undergo Simple Imprisonment for six months for the offence under Section 2(y)(ii) punishable under Section 8(2) of the said Act. The substantial sentences of imprisonment were directed to run concurrently. The accused was also granted the benefit under Section 428 of the Criminal Procedure Code (Cr.P.C.).

(3.) The case of the prosecution is that before 09.10.2010, near Bambolim beach, the accused committed grave sexual assault on the minor victim girl by inserting his finger in her private part and also by inserting his private part in her mouth. During the same period and at the same place, the accused committed sexual assault on the minor victim boy by showing his private part and touching his private part to the private part of the victim boy.