MANGESH WADEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) By this appeal, Appellant is challenging judgment and conviction passed by the learned President, Children's Court, Panaji in Special Case No.56/2015 vide Judgment dtd. 13/12/2016. The learned Children's Court found the Appellant guilty for the offence punishable under Sec. 375(b), punishable under Sec. 376(2)(i) of IPC, under Sec. 2(y)(i), punishable under Sec. 8(2) of Goa Children's Act, 2003 and under Ss. 3 and 4 of Protection of Children from Sexual Offences Act, 2012. The Accused was acquitted for the offence punishable under Sec. 506(ii) of IPC. The Appellant was sentenced to undergo rigorous imprisonment for ten years and to pay fine of 2,00,000/- ? and in default to undergo simple imprisonment for two years for the offence punishable under Sec. 376(2)(i) of IPC, under Sec. 8(2) of Goa Children's Act, 2003 and under Sec. 4 of POCSO Act, 2012. Appellant was given set off for the period already undergone in judicial custody from the date of his arrest till the date of passing of the Judgment as provided under Sec. 428 of Cr.P.C.

(2.) This matter was admitted on 16/3/2021. The records and proceedings were called and the hearing was expedited as the Appellant is in custody from the date of his arrest i.e. from 6/3/2015.

(3.) Heard learned Counsel Mr Anoop A. Gaoker appearing under the Legal Aid Scheme for the Appellant and Mr Pravin Faldessai, the learned Additional Public Prosecutor for the State.