ALIZAR PEREIRA Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9/01/2012 passed by the President, Children's Court for State of Goa, thereby convicting the appellant/accused under Section 323 of the Indian Penal Code and under Section 8(2) of the Goa Children's Act, 2003. The learned President has sentenced the appellant/accused to undergo imprisonment of 6 months under Section 323 of the Indian Penal Code and imposed fine of Rs.500/-, in default, to undergo imprisonment for 10 days and under Section 8(2) of the Act, he was sentenced to undergo imprisonment for a period of two years and pay statutory fine of Rs.1,00,000/- (Rupees one lac only), in default, to undergo imprisonment for a period of 6 months. She also ordered that the fine imposed shall be paid as a compensation to the victim in terms of Section 357 of the Criminal Procedure Code.

(2.) It is the case of the prosecution that victim was residing with her family consisting of her cousin, her father and was the neighbour of the accused. Her mother was working abroad at the relevant time. The incident has taken place on 25/02/2007 in her house. The victim knew the accused as a neighbour, who was residing with his brother and sisterin- law. The accused used to visit to the house of the victim. He used to touch the private part of her body and used to abuse and threaten her of the dire consequences if she would disclose this. On 25/02/2007, accused abused her. He tied her hands and tried to pull her pants with a view to molest her. She started shouting so her cousin came and rescued her by hitting the accused with wooden rod. On 28/02/2007, one lady by name Bernadette D'Souza of a child care centre, NGO i.e. Managing Trustee of NGO Jan Ugahi received phone on childcare helpline no.1098. She was informed that child was sexually assaulted and the address of the place was given and the caller did not disclose his or her identity. However, the name of the victim was disclosed. Pursuant to that information, PW1/Bernadette D'Souza visited the place and met the victim girl. At the relevant time, the victim girl was approximately 15 years of age. The victim narrated her about the incident and about the behaviour of the accused. PW1/Bernedette took steps by informing the police, Superintendent of Police, South Goa, and took the child in her custody. PW6/Kapil Nayak, PSI attached to Colva Police Station recorded the complaint given by Ms. Bernedette D'Souza on 1/03/2007. He registered offence at Cr. No.12/2007 under Section 323 of the IPC and Section 8 of the Goa Children's Act, 2003. The victim was sent for medical examination at hospital at Margao. Her statement was recorded. Accused was arrested on 2/03/2007 and subsequently was released on bail. The police during the course of the investigation recorded the statements of other witnesses, collected the birth certificate of the victim girl and thereafter after completion of the investigation filed charge sheet before the President of Children's Court for the State of Goa. The charge was framed on 2/03/2009 by the learned President for committing offence of child abuse defined under Section 2(m) which is punishable under Section 8(2) of the Goa Children's Act of 2003. The accused pleaded not guilty and, therefore, trial commenced. The prosecution tendered evidence and the trial was concluded in conviction of the accused. Hence, this appeal.

(3.) In the present case, the prosecution has examined 6 witnesses namely PW1/Bernedette D'Souza, the trustee of the NGO and also the complainant, PW2, the victim, PW3/Dr. Sanjay Dalvi, a Medical Officer, who examined the victim, PW4/Benzi Pereira, a sister-in-law of the accused, PW5/Roopa Kharade, PSI holding charge of Women and Child Protection Unit at the relevant time and the last evidence i.e. PW6/Mr. Kapil Nayak, PSI attached to Colva police station.