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2023 Supreme(Bom) 2008

PRAKASH D. NAIK
State of Goa – Appellant
Versus
Ravi Ree – Respondent


Advocates appeared:
Pravin N. Faldessai, Advocate, Rohan Desai, Advocate

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

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