STATE OF GOA Vs. JOAQUIM OLIVER

JUDGEMENT

(1.) Heard Mr. Joshi, learned Special Public Prosecutor for the appellant and Mr. Teles, learned Counsel for the respondent.

(2.) By this appeal preferred by the State of Goa under section 377 of Cri.P.C, the ap-pellant takes exception to the judgment and order dated 5th December, 2008 on the ground that the sentence imposed on the respondent is inadequate. By the impugned judgment and order, the respondent has been convicted for the offence punishable under section 376 read with section 511 of I.P.C. and section 8(2) of the Goa Children's Act, 2003 (The Act' for short) and sentenced to undergo R.I. for two years and to pay fine of Rs. 5,000/-.

(3.) Indisputably, the respondent has un-dergone substantive sentence imposed upon him and he has not paid fine. The respondent was prosecuted for the offence punish-able under section 376 read with section 511 of I.P.C. and section 8(2) of The Act for hav-ing committed rape on the prosecutrix on 2.10.2004 at about 4.00 p.m. at Chinchawada, Ambaulim in the veranda of Anganwadi school. The prosecutrix was aged about 7 years at the time of commission of offence. The First Information Report was lodged by the mother of the prosecutrix on 3.10.2004 at Quepem Police Station. Pursu-ant to the report lodged by the mother of the prosecutrix, investigation was taken out by officer in-charge of Quepem Police Station, who conducted spot panchanama, attached the clothes of the prosecutrix which accord-ing to prosecution, were stained with semen. The statements of several witnesses were re-corded! The accused was arrested on 3.10.2004. The articles seized were sent for analysis. The prosecutrix and the accused were referred for medical examination to Dr. Madhu Ghodkirekar -PW 3.