Back
M. S. KARNIK
Sarvesh Vernekar – Appellant
Versus
State – Respondent
JUDGMENT/ORDER
1. Heard Mr. P. Lotlikar, learned counsel for the applicants and Mr. S. G. Bhobe, learned Public Prosecutor for the respondents.
2. The challenge in this revision application filed under the provisions of Sec. 397 of Criminal Procedure Code, 1973 is to an order dtd. 24/4/2023 passed by the President of the Goa Children's Court in Special Case No.39 of 2022.
3. The complaint came to be registered against the present applicants on 5/9/2021 with the Mapusa Police Station for the offences punishable under Ss. 451, 352, 504, 506, 509 read with 34 of the Indian Penal Code 1860 and Sec. 8 of the Goa Children's Act 2003 ( "Children's Act" for short)
4. Pursuant to the complaint, an FIR was registered on 9/9/2021 against the applicants for the aforesaid offences. Chargesheet came to be filed before the Children's Court on 17/5/2022. On being served with the summons, the applicants appeared before the Children's Court and filed an application for discharge on 2/11/2022 under Sec. 227 of the Cr.P.C. By the impugned order dtd. 24/4/2023, the Children's Court rejected the application for discharge filed by the applicants.
5. It is the contention of the learned counsel for the applican
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....
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 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 judgment emphasizes the need to consider the age and reformation of the child-in-conflict with law, the applicability of alternate punishment under Section 42 of the POCSO Act, and the provisions....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
