Goa Children’s Act, 2003 – s.8 – Penal Code, 1860 – ss.323, 352, 504 – Probation of Offenders Act, 1958 – An FIR came to be lodged against the appellant for the offences punishable u/ss.323, 352 and 504 of the IPC and u/s.8 of the Act of 2003 – Appellant was convicted and sentenced by the President, Children’s Court – However, the High Court reduced the sentences awarded to the appellant for the substantive offences as simple Imprisonment of 10 days u/s.323 IPC; Fine of Rs.500/- and in default simple imprisonment of 2 days u/s.352 IPC; simple Imprisonment of 10 days u/s.504 IPC; simple Imprisonment for a period of 15 days and to pay fine of Rs.15,000/- and in default, to undergo simple imprisonment for 5 months, u/s.8(2) of the Goa Children’s Act, 2003 – Correctness:
Held: The only allegation against the appellant as borne out from the statement of PW-3, the injured child is that the appellant hit him with the school bag belonging to his own son – Even if the injured child’s version is accepted in entirety, it would still not be sufficient to hold the appellant guilty for the offence of “child abuse” punishable u/s.8 of the Act of 2003 – A simple blow with a school bag, without any evidence of deliberate or sustained maltreatment, does not satisfy the essential ingredients of child abuse – Therefore, in view of the above facts and circumstances, ex-facie the conviction of the appellant for the offences punishable u/s.8 of the Act of 2003 is unsustainable – Both the Courts below committed grave error in convicting the appellant for the offence punishable u/s.504 IPC – Ex-facie, the alleged act of the appellant in abusing the child could not be construed to be such which was intended to provoke breach of peace – The offence punishable u/s.323 IPC carries maximum punishment of simple imprisonment for one year whereas offence punishable u/s.352 IPC carries maximum punishment of imprisonment for three months – Thus, the mandatory provision of s.4 of the Probation of Offenders Act, 1958 would apply and the appellant deserves to be given benefit thereof – Accordingly, the appellant is acquitted for the charge of the offence punishable u/s.8(2) of the Act of 2003 and s.504 of the IPC – The impugned judgments are set aside to this extent – However, his conviction is confirmed for the offences punishable u/ss.323 and 352 of the IPC – The appellant is directed to be released on probation upon furnishing bonds before the jurisdictional trial Court to keep peace and good behaviour for a period of one year. [Paras 14, 15, 17-21]
Goa Children’s Act, 2003 – s.8 – Child abuse:
Held: On a bare perusal of the provision, it is evident that the offence of “child abuse” as provided u/s.8 cannot be attracted to every trivial or isolated incident involving a child, but must necessarily co-relate with acts involving cruelty, exploitation, deliberate illtreatment, or conduct intended to cause harm – The legislative intent is to protect children against serious forms of abuse and not to criminalise minor, incidental acts emanating during the course of simple quarrels. [Para 13]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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