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PRAKASH D. NAIK
State of Goa – Appellant
Versus
Ravi Ree – Respondent
JUDGMENT/ORDER
1. This petition is preferred by the State under Sec. 482 of the Code of Criminal Procedure challenging the order dtd. 26/7/2019 passed by the Children's Court for the State of Goa, Panaji.
2. The respondent accused were tried for the offences punishable under Sec. 365, 375, 376(2)(i) and (n) of IPC, under Sec. 2(y)(i), 82(2) of the Goa Children's Act and under Sec. 5 and 6 of POCSO Sec. (2) of Goa Children's Act and Sec. (4) of POCSO Act.
3. The prosecution preferred an application on 25/6/2019 before the trial Court contending that the victim and her father were examined before the Court and from the deposition of the victim it is seen that the accused had committed the offences individually on different dates, place and time and none of the accused were present together at the time of committing the offence against the victim. In view of the evidence of the victim, the prosecution may be granted permission to prefer and file separate chargesheets against the accused no.2 and 3.
4. Learned Children's Court of the State of Goa rejected the aforesaid application vide order dtd. 26/7/2019.
5. Learned Additional Public Prosecutor, Mr Faldessai, submitted that the subject ap
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 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....
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....
A judgment must explicitly formulate points for determination and provide a reasoned analysis of all evidence, including defense testimony. Failure to address the defense case, provide a logical narr....
The court established that multiple FIRs arising from the same transaction are impermissible under the Code of Criminal Procedure, and such cases should be consolidated into a single chargesheet for ....
The main legal point established in the judgment is that the original complainant did not have the locus standi to file an application for conducting the trial of the juvenile applicant as an adult, ....
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
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