1. Heard Shri C.A. Ferreira, learned Public Prosecutor on behalf of the Appellant and Shri Mike Mehta, learned Counsel on behalf of the Respondent/accused.

2. These appeals can be conveniently disposed of by this common judgment.

3. The Second Appeal is directed against the acquittal of the accused under Section 363 IPC, and, the First Appeal is directed against the sentence imposed upon the accused under Section 8(2) of the Goa Children's Act, 2003 (Act, for short) i.e. the accused has been dealt with under Section 4(1) and 5 of the Probation of Offenders Act, 1958, (P. O. Act, for short).

4. The case of the prosecution is that the respondent – accused on or about 21.12.2006 at about 8.15 hours at Green Park Junction at Guirim, kidnapped the victim boy i.e. to say PW2 from the lawful guardianship and thereafter committed sexual abuse on him, thereby committing offences punishable under Section 363 of IPC and Section 8(2) of the Act.

5. The case of the accused is that on that day, he was going to Mapusa from Panaji with his red colour Alto car, and as the battery was weak, he parked the car near Bodgeshwar Temple. At that time he saw a boy, PW2 urinating, so he slapped