Case Note & Summary
The Appellants, were convicted by the Children's Court for offences under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 and Section 8(2) of the Goa Children's Act, 2003, for assaulting a minor victim with an iron rod. They filed an appeal in the High Court of Bombay at Goa, arguing false implication due to a property dispute, inconsistencies in witness testimonies regarding the timing of the incident, and lack of forensic evidence on the weapon. The High Court re-appreciated the evidence, found the prosecution's case not proven beyond reasonable doubt, and acquitted the Appellants, setting aside the conviction and sentences.
Headnote
The High Court of Bombay at Goa allowed the Criminal Appeal filed by the Appellants against their conviction by the Children's Court -- The Appellants were convicted under Section 504 and Section 324 read with Section 34 of Indian Penal Code, 1860 (IPC) and Section 8(2) of the Goa Children's Act, 2003 -- The Court held that the prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in evidence -- Major Acts involved are Indian Penal Code, 1860 (IPC) and Goa Children's Act, 2003 -- The Court found discrepancies in the timing of the incident, lack of forensic analysis of the iron rod, and potential false implication arising from a property dispute -- The conviction was set aside, and the Appellants were acquitted of all charges
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Issue of Consideration: The Issue of Consideration mentioned in the Judgment is whether on re-appreciation of the evidence before the Children's Court, the Judgment recording conviction of the Appellants/Accused persons of offences under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 and Section 8(2) of the Goa Children's Act, 2003 is maintainable
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Final Decision
The High Court allowed the appeal, set aside the conviction and sentences imposed by the Children's Court, and acquitted the Appellants of all charges under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 and Section 8(2) of Goa Children's Act, 2003
2026 LawText (BOM) (02) 47
Criminal Appeal No. 49 of 2016
Mr Abhijit P. Gosavi, Ms Shweta S. Shetgaonkar, Mr Pravin Faldessai
Ms Anita Naik, Ms Kunda Naik
State Through P.P. High Court of Bombay at Panaji, Goa
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Nature of Litigation: Criminal appeal against conviction for assault on a minor
Remedy Sought
Appellants seeking acquittal and setting aside of conviction and sentences imposed by the Children's Court
Filing Reason
Appellants aggrieved by the conviction under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 and Section 8(2) of Goa Children's Act, 2003, alleging false implication and inconsistencies in evidence
Previous Decisions
Children's Court convicted the Appellants on 30.06.2016 in Special Case No. 55/2011, sentencing them to fines and imprisonment
Issues
Whether the conviction of the Appellants under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 and Section 8(2) of Goa Children's Act, 2003 is maintainable upon re-appreciation of evidence
Submissions/Arguments
Appellants argued false implication due to property dispute, inconsistencies in timing of incident, lack of forensic analysis of iron rod, and failure to prove ingredients of offences
Respondent argued that evidence of injured eye witness and corroboration by other witnesses prove the case beyond reasonable doubt
Ratio Decidendi
The prosecution must prove its case beyond reasonable doubt; inconsistencies in witness testimonies, lack of forensic evidence, and potential false implication due to property disputes can render a conviction unsustainable upon re-appreciation of evidence
Judgment Excerpts
The point that arises for determination in the Appeal is whether on re-appreciation of the evidence before the Children's Court, the Judgment recording conviction of the Appellants/Accused persons of offences under Section 504 and 324 r/w 34 of IPC and Section 8(2) of the Goa Children's Act is maintainable
It is submitted by the Ld. Counsel for the Appellants that the Appellants have been falsely implicated and there is no cogent material to support the case of the prosecution
Procedural History
F.I.R. No. 123/2011 registered on 04.06.2011 -- Chargesheet filed on 13.12.2011 -- Children's Court framed charges and convicted Appellants on 30.06.2016 -- Criminal Appeal No. 49 of 2016 filed in High Court of Bombay at Goa -- High Court heard arguments and delivered judgment on 03.02.2026
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