BHARAT P. DESHPANDE
Rekha – Appellant
Versus
State – Respondent
JUDGMENT
1. Appellant/Accused preferred present appeal thereby challenging judgment and conviction in Special Case No.132/2015 dtd.16/4/2019 passed by the learned Children's Court for the State of Goa at Panaji. The Appellant was found guilty for the offence punishable under Sec. 324 of IPC and for the offence punishable under Sec. 2(m)(i) punishable under Sec. 8(2) of Goa Children's Act, 2003. The Appellant was sentenced to pay fine of Rs.10, 000.00 in connection with the offence punishable under Sec. 324 of IPC and in default to undergo simple imprisonment for a term of 6 months.
2. The Appellant/Accused was sentenced to undergo simple imprisonment for one day and to pay fine of Rs.1, 00, 000.00, in default to undergo simple imprisonment for one year for the offence punishable under Sec. 8(2) of Goa Children's Act, 2003.
3. The appeal was admitted on 14/6/2019 and after the records and proceedings were received along with the paper-book, the matter was taken up for final disposal.
4. Heard Mr Arun de Sa appearing with Mr Kyle D'Souza for the Appellant and Mr Pravin Faldessai, Additional Public Prosecutor for the Respondent.
5. With the assistance of the learned Counsel for the respect
Corporal punishment by a teacher may not constitute an offence if it is performed with a bona fide intention to maintain discipline, as established under relevant IPC and JJ Act provisions.
The court established that actions taken in good faith to correct a child's misbehavior, without intent to harm, do not constitute child abuse under the Goa Children's Act or assault under the IPC.
A teacher may impose reasonable corporal punishment in good faith for discipline without constituting criminal liability.
Teachers can impose reasonable discipline, provided there is no malice or excessive force. Such actions fall under implied authority granted by parents.
corporal punishment” means physical punishment that involves deliberate infliction of pain for a mistake or act of indiscipline by a child for the purpose of disciplining or reforming the child.
Corporal punishment by teachers is not criminalized under the Juvenile Justice Act, and international treaties do not automatically enforceable without domestic legislation.
Isolated physical assault on minor causing simple hurt qualifies under IPC 324 r/w 34 but not child abuse or IPC 504; conviction upheld for former, set aside for others; probation consideration manda....
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