By Tanvi Mehta

In a recent decision, the High Court of Bombay at Goa overturned a lower court’s ruling in a sensitive case involving allegations of child sexual abuse. The case centers around a father accused of sexually abusing his daughter over an extended period.

Initially, the Women Police Station in Panaji filed charges against the respondent for various offenses under the Indian Penal Code, the Goa Children’s Act, and the Protection of Children from Sexual Offences (POCSO) Act. The case was presented before the Children’s Court, as the victim was believed to be a minor at the time of the alleged offenses. However, on September 21, 2021, the Children’s Court discharged the respondent from charges under Section 8(2) of the Goa Children’s Act. The court’s decision was based solely on the fact that the victim was 16 years and 4 months old on February 14, 2021, the date of the last alleged incident.

The State of Goa challenged this decision in the High Court. On September 10, 2024, the High Court heard the revision application and found the lower court’s order to be “perverse and incorrect.” The High Court noted that the Children’s Court had failed to consider the victim’s statement, which indicated that the abuse had started much earlier, when she was in seventh grade and under 16 years old. Justice Deshpande emphasized that the entire period of alleged abuse should have been taken into account, not just the final incident.

Consequently, it quashed the discharge order and remanded the case back to the Children’s Court. The respondent was directed to appear before the Children’s Court on September 23, 2024. This decision ensures that the serious allegations will be properly examined, taking into account the full scope of the reported abuse.

[Case: The State of Goa v. M, Citation: 2024: BHC-GOA:1496]

Click here to read/download the judgement