ANITA NAIK Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed against the impugned Judgement and Order dtd. 30/6/2016 passed by the Children's Court for the State of Goa, at Panaji in Special Case No. 55/2011, by which both the Appellants are convicted for the offence punishable under Sec. 504 and 324 read with Sec. 34 of Indian Penal Code, 1860 (IPC) and Sec. 8(2) of the Goa Children's Act 2003 and have been sentenced to pay fine of Rs.500.00 each for the offence punishable under Sec. 504 r/w Sec. 34 of IPC along with simple imprisonment for one year and fine of Rs.1,000.00 each for the offence punishable under Sec. 324 r/w Sec. 34 of IPC as well as to undergo simple imprisonment for one year and to pay fine of Rs.1,00,000.00 each for the offence punishable under Sec. 8(2) of the Goa Children's Act.

(2.) The case of the prosecution which has surfaced through its witnesses would reveal that on 4/6/2011 when the minor victim was washing his face near the tap of his residence, Accused Nos. 1 and 2 abused him with filthy words and thereafter Accused No. 2 caught hold of him while Accused No. 1 assaulted him with an iron rod on his head leading to bleeding injuries on the minor victim's head. It is the case of the prosecution that the neighbour, Rupali Naik, informed the same to the mother of the victim upon which, the mother rushed to the spot and found the victim awaiting an ambulance with his bleeding head injury. As per the prosecution, the victim was then taken to Goa Medical College, Bambolim where he received treatment for his injury and further, he narrated the said incident to his mother who then lodged a complaint at Ponda Police Station against the two Accused persons. Consequently, F.I.R. No. 123/2011 was registered on 4/6/2011 against Accused Nos. 1 and 2 who were subsequently arrested on the same day and thereafter were released on bail on 5/6/2011.

(3.) Upon culmination of the investigation, chargesheet came to be filed on 13/12/2011 which arraigned the present Appellants as Accused Nos. 1 and 2 respectively. The Children's Court at Panaji framed the charge against Accused Nos. 1 and 2 for the offence punishable under Sec. 504 and 324 r/w Sec. 34 of IPC and Sec. 8(2) of the Goa Children's Act in Special Case No. 55/2011, to which the Appellants/Accused persons pleaded not guilty and claimed for trial.