DEEPAK NANKU SINGH Vs. STATE OF GOA

JUDGEMENT

(1.) BY this appeal, the appellant (herein after referred to as "the accused ") takes exception to the Judgment and Order dated 1st April, 2009, passed by the Children's Court, Panaji in Special Case No.1/09, convicting the accused for the offence punishable under Section 8(2) of the Goa Children's Act, 2003 ( "the Act " for short), read with Section 376 of Indian Penal Code (IPC) and sentencing him to undergo Simple Imprisonment for a period of 10 years and to pay a fine of Rs. 2,00,000.00, in default, to undergo further six months' Simple Imprisonment. The entire fine has been ordered to be paid to the victim girl.

(2.) PURSUANT to the FIR lodged by PW.2 Sunita Moolya, at Quepem Police Station on 23.3.2008, alleging that the accused had kidnapped her minor daughter, FIR was registered under Section 363 IPC and Section 8(2) of the Act at Quepem Police Station. Pursuant to the said FIR, investigation was taken up. In the course of investigation, it was revealed that the accused had taken the minor girl to Poona and between 18th March, 2008 and 21st June, 2008 in one room at Poona had forcible sexual intercourse with her on many occasions. After conclusion of the investigation, charge-sheet was filed against the accused for the offences punishable under Section 363 IPC and Section 8(2) of the Act, read with Section 376 IPC.

(3.) THE prosecution examined five witnesses, namely, PW.1 Dr. Panag Kumar, PW. 2 Sunita Moolya, PW.3 Chaitrya Moolya, PW.4 Dr. Siddhartha Banaulikar, and PW. 5 Naresh Mhamal, the Investigating Officer. Though the defence of the accused was of denial, in his statement under Section 313 Cr.P.C. the accused in answer to Question No.7 that in the room at Poona, after 18.3.2008 he had forceful sexual intercourse with her on several occasions, admitted that he had sexual intercourse with her, but claimed that it was not forceful.