PANAJI
The Bombay High Court at Goa on Thursday dismissed an appeal filed by Vasudev Deshprabhu, the former chairperson of the Pernem Municipal Council, who challenged his conviction of child abuse after he hit a 17-year old with a wooden weapon -- said to be a baseball bat -- causing injuries to the child in an incident that took place back in 2013.
The victim child stepped into the witness box claimed that on 03.10.2013 he along with his other friends went near Monginis at Mapusa and after waiting for some time, they went to the 5th floor of the said building by lift… they were sitting on a staircase after coming out of the lift and were talking with each other. At that time, one uncle shouted at them and abused them with bad words. Accordingly, they got up from the staircase, however, at that time, the victim was hit on his head with some hard object due to which, he fell down and became unconscious. He was treated in the hospital for a head injury.
A suggestion was given to the victim that while running from the staircase, he fell down and sustained injuries, which he denied.
His friends Omkar and Rahul who were eyewitnesses identified the accused very clearly and claimed that he hit the victim with a wooden baseball bat on his head due to which the victim fell down and sustained injuries.
Deshprabhu, however, claimed that he is residing on the 5th floor of Saldanha building and there were only two offices functioning on the 4th floor. He then stated that three boys were causing a disturbance outside the entrance of the lobby and hence, he questioned them about their intention to be there, to which, there was no answer. He then told them to leave immediately, on which, two of them left, however, one was stubborn and while running down the staircase, he slipped and fell on the iron pipe railing causing injuries.
“The reaction of the accused who is an elderly person cannot be justified by abusing the victim and his friends and then assaulting the victim with a wooden stick. The material on record has been properly assessed to arrive at a conclusion to prove the accused guilty and hence, no interference is warranted with such findings,” the High Court bench of Justice Bharat Deshpande, said directing Deshprabhu to to surrender before the Children’s Court for undergoing the sentence, within a period of four weeks from today.
The Children's Court had sentenced former Pernem Municipal Council chairperson Vasudev Deshprabhu to three months of simple imprisonment for abusing and assaulting a minor boy that led to serious injuries.
