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2023 Supreme(Bom) 1957

B. P. DESHPANDE
Subhash S/o. Dattu Nanu – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Arun De Sa, Advocate, Kyle Dsouza, Advocate, Gaurish Nagvenker, Advocate

JUDGMENT/ORDER

1. The appellant is challenging the judgment dtd. 3/5/2019 in Special Case No.58/2014 whereby the learned Children's Court, Panaji found appellant guilty for the offence punishable under Sec. 323 of I.P.C. and 8(2) of Goa Children's Act and accordingly sentenced for imprisonment and fine.

2. The appeal was admitted on 27/6/2019 and thereafter Records And Proceedings along with paper-book were called.

3. Heard Mr Arun De Sa, learned counsel for the appellant and Mr Gaurish Nagvenker, learned Additional Public Prosecutor for the respondents.

4. With the assistance of learned counsel appearing for the respective parties, I have perused records as well as findings in the impugned judgment.

5. The learned counsel Shri De Sa appearing for the appellant strongly contended that in the present matter prosecution has failed to prove that the accused/appellant was involved in any assault on the victim child so as to punish him for both the offences. In the alternative he submitted that even if he considered that there was some force used by the accused against the minor, it was not with intent to assault him but only to correct him for his mistake and to inform his teacher. He submi

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