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
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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
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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.
