KHALIL CHAND BADSHAHKURESHI Vs. STATE OF GOA

JUDGEMENT

(1.) Feeling aggrieved with the judgment and order of conviction dated 31/07/2015 by the Children's Court, Panaji, Goa, the appellant has preferred this appeal.

(2.) The appellant came to be convicted and sentenced to undergo simple imprisonment for 6 months of an offence punishable under Section 323 IPC. He is sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of 2,00,000/-, in default, simple imprisonment for 2 years of the offence punishable under Section 376(2)(i) of IPC and under Section 8(2) of the Goa Children's Act, 2003 and under Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) Facts of the case in brief are as follows: On 06/07/2013, PW1 Shamina Begum Shaikh had lodged a report with Porvorim Police Station. She was residing at Ramnagar Betim, Bardez Taluka, Goa along with her husband, daughter (prosecutrix) aged about three and half years and two sons aged about 2 years and 3 months, respectively in a rented room. Her husband works as a labourer. On 06/07/2013, at about 12.45 hrs. prosecutrix was crying for a chocolate and, therefore, PW1 Shamina asked her to get it from the general shop of the appellant by giving her two rupees.