SHRI AVELINO PINTO Vs. THE STATE OF GOA

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned Public Prosecutor waives service for the first respondent. Heard finally by consent of the parties.

(2.) The petitioner is an accused in Special Case No.2/2004 before the learned Children's Court at Panaji, Goa, facing prosecution for the offences punishable under Sections 376 and 354 of Indian Penal Code (IPC, for short) and Section 8(2) of Goa Children's Act, 2003. The offences were registered on the basis of a complaint dated 10/10/2003, filed by the complainant (respondent no.2), who was then aged 14 years. It appears that on investigation, the petitioner came to be charge-sheeted before the learned Children's Court.

(3.) The petitioner filed an application for transfer of the case before the learned Sessions Court on the ground that the chargesheet reveals offences, which have taken place prior to two months of coming into force of Goa Children's Act, 2003. The learned Children's Court, by an order dated 17/02/2006, directed bifurcation of the chargesheet specifying the offences, which have taken place from January, 2003 to 07/07/2003 and the instances from 08/07/2003 till September, 2003. It can, thus, be seen that the offences, which had taken place prior to 08/07/2003 (which is the date on which the Goa Children's Act came into force), were segregated, in respect of which a separate chargesheet was filed leading to registration of Sessions Case No.9/2008, which is pending before the learned Sessions Judge at Mapusa.