SACHINA KUTTIKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Heard learned Advocates for the parties.

(2.) Rule. Rule is made returnable forthwith; at the request of and with the consent of learned Advocates for the parties, the matter is finally heard and disposed of. Learned Advocate Mr. Sahil Sardessai has been appointed under Legal Aid Scheme. Learned Additional Public Prosecutor Mr. Nikhil Vaze waives service for Respondent No. 1 and learned Advocate Mr. Ashay Priolkar waives service on behalf of Respondent Nos. 2 to 5.

(3.) This petition impugns the order dtd. 20/8/2024 passed on Exhibit C-1 by the Children's Court, discharging 5 Accused persons (Respondent Nos. 2 to 5) of offences punishable under Sec. 8(2) of the Goa Children's Act, further offences alleged in the chargesheet are under Sec. 143, 147, 324, 326, 506, 354 r/w 149 of IPC. Offences under Sec. 8(2) of the Goa Children's Act are exclusively triable by the special Court. After the impugned order was passed discharging the Respondent Nos. 2 to 5 of the offences under Sec. 8(2) of the Goa Children's Act, the case stood transferred to the Court of the Judicial Magistrate First Class(JMFC), 'D' Court at Panaji, considering that the matter would now relate to the allegations of the said Respondent only with regard to IPC. Respondent Nos. 2 to 5 have vehemently opposed the petition contending that on a plain reading of the statements of the witnesses, the intention to commit an offence under Sub Sec. 2 of Sec. 8 of the Act is not made out.