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 medical evidence, barring contradictions.

JUDGMENT:

SHREERAM V. SHIRSAT, J.

1. The present Appeal has been filed challenging the impugned Judgment and Order dated 15.01.2019, passed by the Children’s Court for the State of Goa at Panaji in Special Case No. 113/2015, whereby the Appellant/Accused has been convicted for the offence punishable under Section 323 of the IPC and has been sentenced to undergo Simple Imprisonment for period of six months and under Section 8(2) of the Goa Children’s Act, 2003 to undergo Simple Imprisonment for a period of one year and to pay fine of Rs. 1,00,000/- (Rupees One Lakh only) and in default to undergo Simple Imprisonment of six months. The Appellant has been acquitted of the offences punishable under Sections 324 and 506(ii) of the IPC.

2. Brief facts of the prosecution’s case are as under:

(a) The complaint is filed by the mother of the victim child, who has stated that on 23.02.2015, her son PW1 returned to residence after having lunch and was present at residence, and after attending his tuitions, he returned back to his residence and then went to play in the locality at Mandant, Nadora with his friend CW 13 and the complainant went to a hilly area in the village to collect firewood. It is further the case that while she was in the hilly area collecting firewood, she received a call from Mrs. Geeta Vasudev Gawas, who is the primary teacher in the village who asked her where victim was, to which she told that he is playing. Mrs. Geeta informed her that victim is not playing and further informed her that Mr Dinesh had forcefully pulled him, and taken him on his scooter, and requested the complainant to look into the matter whether victim is at home or Dinesh has thrown him somewhere.

(b) The complainant rushed down the hill and on returning, found that her son, the victim was at home sitting on the steps, crying and the complainant mother noticed that he had received injuries on his face, back, hands and legs and there was swelling on the face of her son, the victim. She further inquired with her son as to what had happened, to which the victim informed that at around 5.30 p.m., while playing at Manshiwado, he and his friends, CW9, CW10, and CW14, had a scuffle and exchange of words, and he asked CW9 to which CW9 told him and at that moment Mr. Dinesh who is the father of CW10, who was carrying green grass, his friends approached him and told him something to which he noticed him furiously coming towards him and on sensing danger to life, the victim ran towards Vaddy, Nadora, but Dinesh chased him with his blue colour Vespa scooter and managed to hold him, assaulted him with slaps, kicks then forcibly took him on his Scooter, brought him at Manshiwado, Madant, Nadora, where he was playing with his friend and brought one coconut leaf stalk which was lying on ground and assaulted him, causing him injuries and thereafter left. Further, the victim informed that at the time of incident, some local boys, namely CW 16 and CW 15 and others were playing near the spot.

(c) It is further the case that the mother and the victim met Dinesh, where again there was some exchange of words in filthy language. It is further the case that she returned along with her son to the residence and took her son to the private doctor at the clinic at Colvale, Bardez, Goa, who examined her son and gave a prescription for treatment.

(d) It is further the case that due to the pain which her son was having, she did not immediately complain; however, as the pain was not subsiding, she decided to lodge the complaint with the police.

3. The Appellant was thereafter arrested on 27.02.2015 and