22002266::BBHHCC--GGOOAA::116633 vinita IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEAL NO. 49 OF 2016

1. Ms Anita Naik, d/o Yashwant Naik, aged 24 years, R/o H. No.

16, Kalimati, Bhoma, Ponda, Goa.

2. Ms Kunda Naik, d/o Yashwant Naik, 25 years of age, R/o H. No.

16, Kalimati, Bhoma, …..Appellants.

Ponda, Goa.

Versus

1. STATE Through P.P.

High Court of Bombay at Panaji, Goa. …...Respondent.

Mr Abhijit P. Gosavi, Advocate under Legal Aid Scheme for the Appellants along with Ms Shweta S. Shetgaonkar, Advocate.

Mr Pravin Faldessai, Addl. Public Prosecutor for the Respondent.

CORAM: - SHREERAM V. SHIRSAT. J.

DATED: - 3rd February 2026.

JUDGMENT

1. The present appeal has been filed against the impugned Judgement and Order dated 30.06.2016 passed by the Children's Court for the State of Goa, at Panaji in Special Case No. 55/2011, by which both the Appellants are convicted for the offence punishable under Section 504 and 324 read with Section 34 of Indian Penal Code, 1860 (IPC) and Section 8(2) of the Goa Children’s Act 2003 and have been sentenced to pay fine of Rs. 500/- each for the offence punishable under Section 504 r/w Section 34 of IPC along with simple imprisonment for one year and fine of Rs. 1,000/- each for the offence punishable under Section 324 r/w Section 34 of IPC as well as to undergo simple imprisonment for one year and to pay fine of Rs. 1,00,000/- each for the offence punishable under Section

8(2) of the Goa Children’s Act.

2. The case of the prosecution which has surfaced through its witnesses would reveal that on 04.06.2011 when the minor victim was washing his face near the tap of his residence, Accused Nos. 1 and 2 abused him with filthy words and thereafter Accused No. 2 caught hold of him while Accused No. 1 assaulted him with an iron rod on his head leading to bleeding injuries on the minor victim’s head. It is the case of the prosecution that the neighbour, Rupali Naik, informed the same to the mother of the victim upon which, the mother rushed to the spot and found the victim awaiting an ambulance with his bleeding head injury. As per the prosecution, the victim was then taken to Goa Medical College, Bambolim where he received treatment for his injury and further, he narrated the said incident to his mother who then lodged a complaint at Ponda Police Station against the two Accused persons. Consequently, F.I.R. No. 123/2011 was registered on 04.06.2011 against Accused Nos. 1 and 2 who were subsequently arrested on the same day and thereafter were released on bail on 05.06.2011.

3. Upon culmination of the investigation, chargesheet came to be filed on 13.12.2011 which arraigned the present Appellants as Accused Nos. 1 and 2 respectively. The Children's Court at Panaji framed the charge against Accused Nos. 1 and 2 for the offence punishable under Section 504 and 324 r/w Section 34 of IPC and Section 8(2) of the Goa Children’s Act in Special Case No. 55/2011, to which the Appellants/Accused persons pleaded not guilty and claimed for trial.

4. To bring home the guilt of the Accused/Appellants, the prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

prosecution has examined 8 witnesses as follows:-

The Appellants examined DW1: Vera M. De P Gonsalves, as the defence witness.

5. Thereafter, the statements of Accused Nos. 1 and 2 were recorded under Section 313 of Cr.P.C. The Accused persons denied all the allegations levelled against them. It is their defence that they are falsely implicated in the present case due to property dispute and a false