HC partly upholds conviction of sisters in minor's assault

PANAJI
The High Court of Bombay at Goa has partly upheld the conviction of two sisters for assaulting a minor boy with an iron rod, while setting aside their conviction for intentional insult and child abuse under the Goa Children’s Act.
Justice Shreeram Shirsat, in a detailed judgment, disposed of the criminal appeal filed by Anita Naik and Kunda Naik to the extent of their conviction under Section 324 (voluntarily causing hurt using dangerous weapons or means) read with Section 34 (common intention) of the Indian Penal Code, holding that the prosecution proved beyond reasonable doubt that the minor was assaulted and sustained bleeding head injuries.
The incident was reported on June 4, 2011, when the victim was washing his face near a water tap outside his house at Bhoma, Ponda. The prosecution alleged that one of the accused abused the child, while the other hit him with an iron rod, causing bleeding injuries. The boy was taken by ambulance to Goa Medical College, Bambolim, where his wounds were sutured.
Re-appreciating the evidence, the court placed strong reliance on the testimony of the injured child and medical evidence. “The testimony of the witnesses who have deposed in favour of the victim cannot be doubted even though they are relatives, as the evidence which has come on record is so convincing, cogent and natural that there is hardly any scope to disbelieve them. A relative is not per se an interested witness,” it added.
However, the High Court set aside the conviction under Section 504 (intentional insult) of the IPC and Section 8(2) of the Goa Children’s Act, 2003.
“The Appeal is partly allowed. As the conviction under Section 324 r/w 34 of the IPC is confirmed, the matter is remanded to the Children’s
Court for limited consideration on the question of grant of probation to the Appellants upon obtaining a report of the relevant Probation Officer and for fixing the period of probation,” reads the order adding, “As the Appellants are acquitted for the charge of the offence punishable under Section 8(2) of The Goa Children’s Act, 2003, the fine amount if paid by the Appellants, be refunded to the Appellants within a period of eight weeks from today.”