By Shaurya Mahajan.

The Bombay High Court recently reviewed a revision petition challenging the Children’s Court’s order dated September 21, 2021, which had discharged the accused from charges under Section 8(2) of the Goa Children’s Act, 2003. The discharge was based on the claim that the victim was 16 years and 4 months old at the time of the alleged incident on February 14, 2021.

Justice Bharat P. Deshpande highlighted the seriousness of the allegations, noting that the victim was the accused’s daughter. The Court emphasized that if the victim’s statements regarding the timeline of the alleged acts were considered, it was clear she was under 16 years old at the time of the offences, contradicting the Children’s Court’s findings.

The Court found the Children’s Court’s observations to be perverse and incorrect, leading to the quashing of the discharge order. The ruling noted that despite a complaint being filed on February 16, 2021, the abusive acts had commenced much earlier, continuing when the victim was still a minor. The chargesheet, filed by the Women Police Station, Panaji, included various offences under the Indian Penal Code, 1860, and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The High Court stated that the Children’s Court failed to take into account the victim’s full account, which indicated that the abusive conduct began when she was in seventh grade and persisted over a year. The Court remanded the case back to the Children’s Court for further proceedings and directed the respondent to appear before the Children’s Court on September 23, 2024.

[Case Name – State of Goa v. X, 2024 SCC OnLine Bom 2990].

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