The burden of proof lies on the prosecution to establish the guilt of the accused beyond reasonable doubt.

JUDGMENT

M. S. Jawalkar, J. - The present appeal is filed by accused against impugned judgment and order dated 03.08.2017 continued on 16.08.2017, by the Children's Court of the State of Goa at Panaji in Special Case no.24 of 2012.

2. The PI of Panaji Police Station filed chargesheet against the appellant under Section 354, 342, 376 and 201 of I.P.C. and Section 8 (2) of the Goa Children's Act 2003.

3. It was the case of the prosecution before the Children's Court that on 29.12.2011, at about 14.00 hours, at Ribandar, the accused 'wrongfully confined' the minor victim girl, aged 15 years, in his flat and used 'criminal force' on her, with intention to outrage her modesty and then molested and sexually abused the minor victim girl and caused the evidence of offence such as clothes, data in the camera and laptop to disappear, with the intention of screening himself from punishment.

4. The Children's Court framed charges against the appellant under Section 342, 354, 201 of IPC and Section 2(y)(ii) and 8(2) of the Goa Children's Act. Learned Children's Court for the State of Goa at Panaji, convicted the appellant under Section 354 of IPC and Sections 2(y)(ii) and 8 (2) of the Goa Children's Act, 2003 and sentenced the appellant to undergo rigorous imprisonment for a term of four years for offence punishable under Section 354 of IPC and fine of Rs. 50,000/- or in default to undergo simple imprisonment for one year and to undergo rigorous imprisonment for a term of three years for offence punishable under Section 8(2) of the Children's Act and fine of Rs. 1,00,000/- or in default to undergo simple imprisonment for two years.

5. The appeal is filed on the ground that conviction is unjust, illegal and arbitrary and will cause gross miscarriage of justice if allowed to stand.

6. It is submitted by learned Counsel for appellant that the learned Children's Court has failed to appreciate that prosecution had miserably failed to prove the case beyond reasonable doubt as against the appellant and, as such, accused ought to have been acquitted by the Children's Court. The learned Presiding Officer, failed to appreciate that there was absolutely no evidence on record to point out to the fact that the appellant was involved in such acts. The learned Children's Court failed to appreciate that the accused was already discharged for offence punishable under Section 376. Accused is also discharged in another Criminal proceeding for offence punishable under Section 305 of IPC as there was absolutely no evidence on record to proceed against the appellant. The learned Children's Court also acquitted the appellant for offences punishable under Section 342 and 201 of IPC. As such, there was absolutely no evidence to convict the appellant for any other offences including offences punishable under Section 354 as well as Section 8(2) of the Goa Children's Act.

7. While convicting, Children's Court misconstrued the evidence on record specifically, evidence of Pw.6. Pw.6, in his cross examination, had clearly admitted that he had not seen the appellant personally taking the victim and dropping her back. The said aspect has not at all been considered by the learned Presiding Officer. There is nothing on record to show that the victim was in the custody of the appellant at his house. Absolutely, there was no medical evidence to show that the accused committed sexual assault on the victim girl.

8. Learned Counsel for the appellant, Shri Prasheen Lotlikar, also pointed out that learned Children's Court erred in relying on the deposition of Pw.12. In cross of Pw.11, who was one of the Investigating Officer, it has been stated that the mother of the victim had stated to him that she had first time seen injury marks on the victim's neck on 03.01.2012 and, therefore, what Pw.12 deposed that mother of the victim girl had shown Pw.12 the injury marks on her daughter's neck on 29.12.2011, was itself baseless and false.

9. The prosecution has not examined the mother of the vict