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2018 Supreme(Bom) 2765

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Rohan Pradeep Dhungat – Appellant
Versus
State Of Goa – Respondent


Advocates Appeared:
S. G. Dessai, Senior Advocate With Mr. Pavithran A.V, Advocate, for the Petitioner; Dattaprasad Lawande, Advocate General with Mr. Deep Shirodkar, Additional Government, for the Respondent

JUDGMENT

N. M. Jamdar, J. (Oral) - The Petitioner is one of the accused in Special Case No. 28/2006 filed in the Goa Children''s Court. He is convicted by the Children''s Court. By this Petition, the Petitioner has sought a declaration that the Goa Children''s Act 2003, enacted by the Goa legislature be declared as void to the extent it is repugnant or inconsistent with the Indian Penal Code, Criminal Procedure Code and the Protection of Children from Sexual Offences Act, 2012. The Petitioner has also sought a writ of mandamus against the Respondent not to enforce the provisions of the Goa Children''s Act, 2003 (the Goa Act), as conflicting or repugnant or inconsistent to the provisions of the Indian Penal Code, Criminal Procedure Code and the Protection of Children from Sexual Offences Act.

2. The State has placed a copy of the judgment passed by the Goa Children''s Court for reference. The Prosecution case, as can be seen from P the judgment briefly is as follows. On 14 August 2006, parents of a missing child approached the Vasco Police Station. They informed the authorities that they had received a phone call from their son and his captors had made a demand for ransom. A Complain

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