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M. S. KARNIK
Vaibhav Faldessai – Appellant
Versus
Officer In Charge – Respondent
JUDGMENT/ORDER
1. Heard Mr. Keny, learned counsel for the applicants and learned Public Prosecutor Mr. Bhobe, for the respondent-State.
2. The challenge in this Criminal Revision Application preferred under Sec. 397 of the Code of Criminal Procedure (Cr.P.C.), is to the order dtd. 6/7/2022 passed by the Children's Court, for the State of Goa, at Panaji. The Children's Court framed charges against the applicants for the offences punishable under Ss. 324, 354 and 504 read with Sec. 34 of the Indian Penal Code (IPC) and under Sec. 2(m)(i) and 8(2) of the Goa Children's Act, 2003, (herein after referred to as the Children's Act for short).
3. At the outset, it is necessary to state that learned counsel for the applicant restricted his challenge to the extent of the charges framed by the Children's Court against the applicants under the provisions of the Children's Act. Learned counsel, on instructions, submitted that he does not press the petition so far as the impugned order framing charges against the applicants under Ss. 324, 354 and 504 read with Sec. 34 of the IPC.
4. In the complaint, it is alleged that on 30/9/2017 at about 3.00 hours, the complainant along with his wife, were prese
The court established that the mere presence of a child in an incident does not automatically invoke the provisions of the Children's Act; there must be a clear intention to harm the child for charge....
The court established that the provisions of the Goa Children's Act cannot be invoked solely based on the presence of a child during an incident; the act must be specifically directed at the child to....
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....
The primary legal point established is that the quality of evidence, especially from injured witnesses, is paramount in criminal trials, affirming that such testimony holds significant weight over me....
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.
The court affirmed that the application for separate charges was not maintainable under the circumstances, reinforcing the importance of a reasoned approach in judicial decisions regarding charges in....
The court affirmed that the Board's reliance on social and counseling reports satisfied statutory requirements for trying a child as an adult under the Juvenile Justice Act.
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