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 Complaint was registered under Crime No. 197/06 under Section 364-A of the Indian Penal Code. On 15 August 2006, the Police Authorities received information that a dead body of child was lying in bushes. The information was received under UD No. 80/06 under section 174 of the Criminal Procedure Code, 1973. Description of the dead body was found matching with the missing child. According to the prosecution, a criminal conspiracy was hatched by four accused, including the Petitioner, to kidnap the child for ransom and share the booty. The child was assaulted with baseball bats and was strangulated with a cotton rope. The body was then disposed of in the bushes.

3. Since the deceased was a minor under the Goa Act, the complaint was filed before the Children''s Court, and it was registered as Special Case No. 28/2006. The Petitioner along with others, were charged for the offences punishable under Sections 364-A, 302, 201, 120-B of the Indian Penal Code and Section 8(2) of the Goa Act. As per Section 30 of the Goa Children''s Act, the Goa Act, the Children''s Court assumed the jurisdiction. The case was tried. Fifty seven witnesses were examined. Accused No. 5 was tendered pardon and was examined. The learned Special Judge, by judgment and order dated 23 June 2014, convicted the Petitioner for the offenses charged. The Petitioner was sentenced to undergo life imprisonment. The Petitioner, thereafter, has filed a Criminal Appeal bearing No. 38/2014, which is pending for hearing. The Petitioner has filed the present Petition seeking a declaration as referred to earlier.

4. Mr. S. G. Dessai, learned Senior Advocate addressed the Court on behalf of the Petitioner. Mr. Dattaprasad Lawande, learned Advocate General defended the legislation.

5. It is the contention of the Petitioner that the Goa Act being void and unconstitutional, the trial and conviction of Petitioner under an unconstitutional and void enactment, is in breach of his fundamental rights under Article 21 of the Constitution of India. The Petitioner contends that he has a fundamental right to be tried by the procedure established by law, and since the Goa Act is void and unconstitutional, his trial and conviction under the Goa Act are in breach of the fundamental rights. The Petitioner has also invoked Article 22 of the Constitution of India.

6. Mr. Dessai narrated the legislative history of various enactments in the State of Goa from 20 December 1961, the date on which Goa was liberated from the Portuguese Rule. He pointed out that the Indian Evidence Act, 1872, Indian Penal Code 1860, Criminal Procedure Code 1898, have been made applicable to Goa post-1961. It is further stated that the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Protection of Children from Sexual Offences Act