C.V.BHADANG
Madhu Nair – Appellant
Versus
State of Goa – Respondent
C.V. Bhadang, J.
1. By this appeal, the appellant is challenging his conviction under Section 2(y)(i) read with Section 8(2)of the Goa Children's Act, 2003 (the Act, for short)'. The appellant has been sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 2 Lakhs and in default, to undergo Simple Imprisonment for six months.
2. The prosecution case may be briefly stated thus:
That PW1, who is the mother of the victim (PW2), who was then a girl, aged 6 years, is a neighbour of the appellant. The complainant PW1 is serving as a Sweeper at G.M.C., Bambolim. On 23/04/2009, after the complainant returned home from her duty, the victim PW2 had gone out to play with the neighbouring children. At about 22.00 hours, the complainant called her daughter for serving her food. At that time, the victim was complaining that she is having fever. PW2 also allegedly told her mother PW1 that she has pain in her private part. PW1 on checking found that the private part of the victim was reddish. PW1 asked the victim as to what had happened when she told that one Mr. Madhu (appellant) had put his finger in her vagina. She also informed that the appellant, who was sitting
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