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IN THE HIGH COURT OF BOMBAY AT GOA
SHREERAM V. SHIRSAT, J.
Martin Soares - Appellant
Versus
State – Respondent
CRIMINAL APPEAL NO.13 OF 2018
Decided On : 08-01-2026
| Table of Content |
|---|
| 1. challenge to prior conviction in child sexual abuse case. (Para 1) |
| 2. details of the prosecution's case. (Para 2) |
| 3. charges framed against the appellant. (Para 3) |
| 4. witnesses examined by the prosecution. (Para 4 , 5) |
| 5. defensive denial by the appellant. (Para 6 , 7) |
| 6. legal points arising in the appeal. (Para 8) |
| 7. counsel submissions and responses. (Para 9 , 10) |
| 8. seriousness of the allegations highlighted. (Para 11) |
| 9. need for analysis of pw1's testimony. (Para 12) |
| 10. observation of victim's report. (Para 13) |
| 11. findings based on victim’s testimony. (Para 14 , 15 , 16) |
| 12. witness testimonies and their reliability. (Para 17 , 18 , 19) |
| 13. credibility of medical evidence assessed. (Para 20 , 21 , 22) |
| 14. legal standards for conviction in rape cases. (Para 23) |
| 15. inconsistencies and corroboration discussed. (Para 24 , 25) |
| 16. key judgments on prosecutorial evidence. (Para 26 , 27) |
| 17. impact of non-examination of witnesses. (Para 28 , 29) |
| 18. court’s responsibility in safeguarding victims. (Para 30) |
| 19. importance of credibility of child witnesses. (Para 31 , 32) |
| 20. defining elements of child sexual offenses. (Para 33 , 34) |
| 21. court finds appellant guilty based on testimony. (Para 35 , 36) |
| 22. conclusion of guilt established beyond reasonable doubt. (Para 37 , 38) |
| 23. sentencing factors considered in child abuse cases. (Para 39 , 40 , 41) |
| 24. final verdict and dismissal of appeal. (Para 42 , 43) |
SHREERAM V. SHIRSAT, J.
1. The present Appeal has been filed challenging the impugned Judgement and Order dated 15.02.2018 passed by the Children's Court for the State of Goa, at Panaji in Special Case No. 50/2012, by which the Appellant stands convicted for the offence punishable under Sections 341 , 354, 375(b) and 376(2)(i) of INDIAN PENAL CODE , 1860 (IPC) read with Section 2(y)(i) and (ii) punishable under Section 8(2) of the Goa Children's Act, 2003. The Appellant has been sentenced to undergo the following:
i. Simple imprisonment for one month and fine of Rs. 500/-, in default to undergo simple imprisonment for 5 days for offence punishable under Section 341 of IPC.
ii. Simple imprisonment for three years and fine of Rs. 5,000/-, in default to undergo simple imprisonment for 1 month for offence punishable under Section 354 of IPC.
iii. Rigorous imprisonment for ten years and fine of Rs. 2,00,000/-, in default, to undergo simple imprisonment for 2 years for the offence punishable under Section 376(2)(i) of IPC r/w Section 8(2) of the Goa Children's Act.
2. BRIEF FACTS OF THE PROSECUTIONS CASE
a. It is the case of the prosecution that the complaint has been filed by the mother of the victim (name withheld) and she has stated in her complaint dated 15 May 2012, that on 13 May 2012, she along with her husband, Christopher had been to Mapusa, for a prayer meeting where complainant and her husband met their family friend, Mr. Lenin Nunes and his wife, Mrs Merlin Nunes. It is further the case that they both informed her in the presence of her husband that their daughter (victim) who had come to their residence on 5 May 2012, after swimming at Mapusa had informed about sexual assault on her. They further informed that victim had told them that she had gone to the house of one Martin Soares(the Appellant) in the last month and Martin had forcibly taken her inside his house through back door and then taken her to the bathroom and forcibly undressed her and made her naked and then forcibly inserted his hand finger in her private part, kissed her on her lips and on her private part. The victim had further stated that the she put on her clothes and came running out from the house and at time daughter of Martin was sitting on the computer and when she noticed victim running out of the house, the daughter asked her friend to sit with her, but she got frightened and ran away from the house. It is further the case of the prosecution that when the complainant returned back to her residence and during night hours when she was present
The conviction of the appellant for sexual offences under IPC and the Goa Children's Act was upheld based on consistent testimony of the victim, emphasizing the necessity of protecting child victims ....
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
As per Section 9(m) of Act, whoever commits sexual assault on a child below twelve years will come under definition of aggravated sexual assault.
Onus of prosecution cannot be discharged by referring to very strong suspicion and existence of highly suspicious facts to inculpate accused nor falsity of defence could take place of proof which pro....
The court upheld the conviction for attempted rape based on the victim's testimony, corroborated by a witness and medical evidence, despite challenges regarding contradictions and lack of penetration....
The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.
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