Case Note & Summary
The Appellant was convicted by the Children's Court for offences under Sections 341, 354, 375(b), and 376(2)(i) of the Indian Penal Code, 1860 (IPC) read with Section 2(y)(i) and (ii) punishable under Section 8(2) of the Goa Children's Act, 2003, and sentenced to imprisonment and fines. The prosecution alleged that the Appellant sexually assaulted a minor victim. The High Court, on appeal, found that the victim's testimony was consistent, with no discrepancies in the narration of events and lack of corroboration from other witnesses. The Court noted an explained delay in reporting the incident. The prosecution abled to prove the charges beyond reasonable doubt. The Court dismissed the appeal and uphold the conviction and sentence
Headnote
Criminal law-- Indian Penal Code, 1860-- Sections 341, 354, 375(b) and 376(2)(i)- Goa Children's Act, 2003- Sections 2(y)(i) &(ii) and 8(2)-- Molestation-- Sexual assault-- Forcibly undressed the victim and forcibly inserted finger in private part and also kissed to victim by appellant-- Repeated act-- Conviction under IPC and Act, 2003-- Appeal-- Narration of incident by PW-1/Victim-- Nothing favourable to the defense side came out from the cross examination of PW-1-- Statement recorded U/s 161 and 164 of CRPC-- Minor omission does not any manner effect the deposition about actual happening of the incident-- Evidence of PW-2 mother of victim also supported the prosecution case-- No dispute with regard to age of victim -- PW-3 was a friend of PW-1 also corroborated to the version of PW-1-- Case of Deepakkumar Sahu (Supra) referred-- Evidence of PW-1 found clear and consistent in the narration of the incident but natural as well-- PW-8 deposed that the injury to genitals must have been healed due to lapse of time-- Absence of injury no significance-- No major contradiction in the versions of witnesses-- Cases referred-- No case of tutoring of victim -- Testimony of victim found credible and trustworthy-- Judgments cited by the appellant not applicable to the present case-- No explanantion offered u/s 313 of CRPC by the appellant-- Conviction uphold-- Appeal Dismissed
Para-- 16, 17, 18, 21, 22, 23, 27, 47
Issue of Consideration
The Issue of whether the conviction of the Appellant under Sections 341, 354, 375(b), and 376(2)(i) of the Indian Penal Code, 1860 (IPC) read with Section 2(y)(i) and (ii) punishable under Section 8(2) of the Goa Children's Act, 2003, was justified based on the evidence on record
Final Decision
The High Court allowed the appeal, set aside the conviction and sentence imposed by the Children's Court, and acquitted the Appellant of all charges. The Appellant was directed to be released forthwith if not required in any other case.
Law Points
- Burden of proof lies on prosecution to prove guilt beyond reasonable doubt
- Evidence of child witness requires careful scrutiny and corroboration
- Inconsistencies in testimony can create reasonable doubt
- Delay in reporting sexual assault must be explained
- Medical evidence must support allegations of sexual assault
- Conviction cannot be based solely on uncorroborated testimony
Case Details
2026 LawText (BOM) (01) 18
Criminal Appeal No. 13 of 2018
Ms. Annelise Fernandes, Advocate for the Appellant. Mr. Pravin Faldessai, Additional Public Prosecutor for the Respondent-State.
Martin Soares represented by his next friend and wife Mrs. Regina Celina Ophelia Soares
State Through Officer-in-Charge, Mapusa Police Station, Mapusa-Goa
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Nature of Litigation
Criminal appeal against conviction for sexual assault offences under the Indian Penal Code, 1860 and the Goa Children's Act, 2003
Remedy Sought
The Appellant sought acquittal and setting aside of the conviction and sentence imposed by the Children's Court
Filing Reason
The Appellant was aggrieved by the conviction and sentence for offences including wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, rape, and offences under the Goa Children's Act
Previous Decisions
The Children's Court convicted the Appellant under Sections 341, 354, 375(b), and 376(2)(i) of the Indian Penal Code, 1860 read with Section 2(y)(i) and (ii) punishable under Section 8(2) of the Goa Children's Act, 2003, and sentenced him to imprisonment and fines
Issues
Whether the Children's Court erred in convicting the Appellant for the offences charged
Whether the charges were proved by the evidence on record
Whether mitigating circumstances regarding the Appellant's age should be considered
Submissions/Arguments
The Appellant argued that the prosecution evidence was inconsistent and lacked corroboration
The Appellant contended that the medical evidence did not support the allegations of sexual assault
The Appellant submitted that there was an unexplained delay in reporting the incident
The State argued that the victim's testimony was credible and sufficient for conviction
Ratio Decidendi
The prosecution must prove guilt beyond reasonable doubt, and in cases involving child witnesses, their evidence requires careful scrutiny and corroboration. Inconsistencies in testimony and lack of corroborating evidence can create reasonable doubt, leading to acquittal. Medical evidence must align with allegations of sexual assault, and delay in reporting must be explained.
Judgment Excerpts
The present Appeal has been filed challenging the impugned Judgement and Order dated 15.02.2018 passed by the Children's Court
The following points arise for determination in the Appeal: i. Whether the learned Children's Court, vide its judgment dated 15.02.2018, has erred in its judgment convicting the Appellant for the above stated offences? ii. Whether the charges levelled against the Appellant can be said to be proved by the evidence on record? iii. Whether there are any mitigating circumstances to be taken into consideration with respect to the age of the Appellant?
Heard the Ld. Counsel Ms Annelise Fernandes, for the Appellant and Ld. Addl. Public Prosecutor for the Respondent-State
Procedural History
The Appellant was convicted by the Children's Court on 15.02.2018. The Appellant filed a Criminal Appeal in the High Court of Bombay at Goa, which was heard and decided on 08.01.2026.
Acts & Sections
- Indian Penal Code, 1860: Section 341, Section 354, Section 375(b), Section 376(2)(i)
- Goa Children's Act, 2003: Section 2(y)(i), Section 2(y)(ii), Section 8(2)
- Code of Criminal Procedure, 1973: Section 164, Section 313
