NAGRAJ BAJANNATH Vs. STATE

JUDGEMENT

(1.) Through this appeal, the appellant-original accused, has challenged the Judgment and Order passed by the learned President, Children's Court for the State of Goa, at Panaji, whereby the appellant came to be convicted under section 376, Indian Penal Code, read with section 8(2) of the Goa Children's Act, 2003. For the said offence he came to be sentenced to Life Imprisonment and he has been ordered to pay a fine of Rs. 2,00,000/-, in default, to undergo Rigorous Imprisonment for a period of two years.

(2.) The Prosecution case, briefly stated, is as under : THE complainant PW.2 Minaxi Ingle was residing along with her daughter PW.1 - victim girl (name withheld) at Sanvordem, in a rented house. At the time of incident in question PW.1 was four and half years old. PW.3 Kasturi Pujari, the maternal grandmother of PW.1 was also residing with them. On 5-1-2005, at about 4 p.m., PW.1 was playing in the Courtyard. At that time, the accused came to her and told her that he would give her some sweets. Saying so, the accused took PW. 1 to his house. Accused took PW. 1 inside a room, in which there was a bed. THE accused made her lie down on the bed, and removed her underwear. THE accused also removed his underwear. THEreafter, the accused inserted his private part in her private part. PW. 1 started getting pains. She started crying. THE accused then left her. PW. 1 then went home and reported the incident to her grandmother PW.3 Kasturi and mother PW.2 Minaxi. PW.1 showed the house of the accused to her mother PW.2 Minaxi and PW.3 Kasturi and also the room in which she was taken by the accused. She also pointed out the bed on which she was made to lie down by the accused. On the same day, at about 7.00 p.m., PW. 1 started crying as she was finding it difficult to pass urine. Her mother PW.2 Minaxi checked her private part and noticed that blood was coming out from her private part. PW.2 Minaxi applied powder to her private part. PW.2 Minaxi informed her aunt PW.14 Asha who was residing nearby, about the incident. THEreafter, all of them went to the house of one Mrs. Patil, who was their neighbour and informed her about the incident. Mrs. Patil went to the house of the accused. THEreafter, Mrs. Patil came back to the house of PW.2 Minaxi with Neela mother of the accused. Neela, mother of the accused told can not to disclose the said fact to any one as the names of PW. 1, as well as her son would be spoilt. THE mother of the accused also told them that she will bear the medical expenses of PW.1 Hence, PW.2 and PW.3 kept quiet. During night time, again PW.1 started crying and complaining of pain to her private part, whereupon PW.2 applied oil to her private part. On the next day, in the morning, Neela mother of the accused and PW.3 Kasturi took PW.1 to PW.4 Dr. Seema Divani, who is a private Doctor. Neela took PW. 1 inside the cabin of PW.4. She informed PW.4 that PW.1 sustained injury while playing. PW.4 prescribed medicines, which were purchased by Neela, mother of the accused. On 7-1-2005, people from the Village came to know about the incident. THE villagers insisted that the accused should leave the locality. PW.2 Minaxi was hesitant to file a complaint because the villagers were telling her that nothing would come out of filing a complaint and she would be in difficulty in case a complaint is filed. However, PW.7 James Lopes, an Advocate encouraged PW.2 Minaxi to file a complaint and, therefore, she lodged her complaint on 8-1-2005. After filing of FIR, investigation commenced. THE accused came to be arrested. PW.1 was sent for medical examination. PW.8 Dr. Silvano Sapeco, along with one Dr. M. Philomena Pereira D'Souza, examined the victim girl. On examination, they found that there was a healing lacerated wound of 1 3/4 x cms. seen between left labia majora and minora with inflammation around and posterior fourchate had a healing tear of x cms with inflammation around. After completion of investigation, the charge-sheet came to be filed.

(3.) Pw.2 Minaxi who is the complainant in the present case, has stated that she knows the accused who is her neighbour. She was residing at Sanvordem, along with her mother PW.3 Kasturi and her daughter PW.1. On 5-1-2005, at about 4 p.m., her daughter PW.1 had gone out to play. At about 4.30 p.m., her daughter PW.1 came home crying and told her that the accused took her to his house, licked her private part and put his private part into her private part. PW. 1 told her that there was no one in the house of the accused at the time of the incident. Thereafter, PW.3 Kasturi mother of Minaxi went along with PW.1 to the house of the accused to ask him about the incident. The accused told them that he had only given sweets to PW.1. They came back to the house. At about 7.00 p.m., PW.1 started crying as she was finding it difficult to pass urine. Minaxi has stated that she checked private part of PW. 1 and noticed that blood was coming out from her private part and her private part was appearing reddish in colour. She applied powder to her private part. Minaxi informed her aunt Asha PW. 14 who was residing in her neighbourhood about the incident. They then went to the house of one Mrs. Patil who was their neighbour and informed her about the incident. Mrs. Patil went to the house of the accused. Thereafter, Mrs. Patil came back to the house of PW.2 Minaxi with Neela, the mother of the accused. Mother of the accused told them not to disclose the said fact to any one as the names of PW. 1 as well as her son would be spoilt. The mother of the accused also told them that she will bear the medical expenses of PW. 1 Hence, they kept quiet. During night time again PW. 1 started crying and complaining of pains to her private part, whereupon PW.2 Minaxi applied oil to her private part. On the next day, in the morning, Neela mother of the accused and PW.3 Kasturi took PW.1 to PW.4 Dr. Seema Divani, who is a private Doctor. Dr. Diwani prescribed medicines, which were purchased by Neela, mother of the accused. On 7-1-2005, people from the Village came to know about the incident. The villagers insisted that the accused should leave the locality. PW.2 Minaxi was hesitant to file a complaint because the villagers were telling her that nothing would come out of filing a complaint and she would be in difficulty in case a complaint is filed. However, PW.7 James Lopes, encouraged PW.2 Minaxi to file a complaint and, therefore, she filed her complaint on 8-1-2005.