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2010 Supreme(Bom) 513

N.A.BRITTO
Neeraj Maan s/o Hansbir Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Shri S.G. Dessai, Senior Advocate with Shri Pavithran A.V., Advocate for the Appellant. Ms. Winnie Coutinho, Public Prosecutor for the Respondent.

JUDGMENT :

This appeal is by the accused who has been convicted and sentenced by the learned Children's Court under Section 8(2) of the Goa Children's Act, 2003 and Sections 342 and 506(ii) of I.P.C.

2. The charge against the accused is that the accused on or about 20-9-2007 at about 2.45 p.m. at Bogmalo, Vasco-da-Gama took PW2/victim (name withheld) and wrongly confined him in his room and then committed the offences of child abuse and grave sexual assault on him and then also committed the offence of criminal intimidation by threatening him to kill him.

3. The case of the accused was one of denial simpliciter. The prosecution examined ten witnesses to support the charge. The accused did not examine any witnesses. The learned Children's Court after assessing the evidence produced has convicted and sentenced the accused for the aforesaid offences. Amongst the witnesses examined by the prosecution, and in addition to the evidence of PW2/victim, prosecution produced the evidence of his mother PW1/Parvati Patil, her two sisters, namely PW3/Laxmi and PW7/Kamal and two Medical Officers, namely PW4/Dr. Banaulikar and PW5/ Dr. Yadav.

4. PW2/victim was of about 8/9 years of age and was resi






























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