LAWS(BOM)-2009-12-64

NEERAJ MAAN Vs. STATE

Decided On December 05, 2009
NEERAJ MAAN S/O. HANSBIR SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is by the accused who has been convicted and sentenced by the learned Children's Court under Section 8(2) of the Goa Children's Act, 2003 and Sections 342 and 506(ii) of I.P.C..

(2.) The charge against the accused is that the accused on or about 20-9-2007 at about 2.45 p.m. at Bogmalo, Vasco-da-Gama took PW-2/victim (name withheld) and wrongly confined him in his room and then committed the offences of child abuse and grave sexual assault on him and then also committed the offence of criminal intimidation by threatening him to kill him.

(3.) The case of the accused was one of denial simpliciter. The prosecution examined ten witnesses to support the charge. The accused did not examine any witnesses. The learned Children's Court after assessing the evidence produced has convicted and sentenced the accused for the aforesaid offences. Amongst the witnesses examined by the prosecution, and in addition to the evidence of PW-2/victim, prosecution produced the evidence of his mother PW-1/Parvati Patil, her two sisters, namely PW-3/Laxmi and PW-7/Kamal and two Medical Officers, namely PW-4/Dr. Banaulikar and PW-5/Dr. Yadav.