MINAXI A PEDNEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE applicant herein is an accused in crime no.73/09 which was initially registered on 25.7.09 under section 324 read with 34 IPC and section 7(c) and 8(2) and (9) of the Children's Act, 2003. On the same day her husband was arrested and was initially remanded to custody and subsequently was granted bail by the Learned Children's Court on 26.7.09 but that bail came to be cancelled subsequently by the same Court on 1.8.09 and the said order has now been set aside by this Court in Criminal Writ Petition No.52 of 2009.

(2.) THE said crime 73/09 came to be registered on 25.7.09 after a complaint was filed by SCAN (Stop Child Abuse Now) on 25.7.09. The said complaint was initially registered on the said day u/s. 324 read with 34 IPC and section 7(c) and 8 (2) and 9 of the Goa Children's Act 2003. The said complaint was registered after the victim, aged about 10 years slipped away from the applicant's house after the torture she was being met with, became unbearable and the said victim was found at Mapusa.

(3.) THE applicant's husband was arrested on 25.7.09. The applicant was not arrested. It is not the case of the prosecution that applicant was not available in the house on that day. The applicant filed an application under section 438 of the Code of Criminal Procedure, 1973 to the Children's Court on 27.7.09. Reply to it was filed on 29.7.09 and the same came to be rejected by the Learned Children's Court on 1.8.09.