Team Goemkarponn
Panaji: The Goa Bench of the Bombay High Court has sustained the conviction of two sisters for causing injuries to a minor boy using an iron rod, while overturning their conviction on charges of intentional insult and offences under the Goa Children’s Act.
Justice Shreeram Shirsat, while deciding a criminal appeal filed by Anita Naik and Kunda Naik, confirmed their guilt under Section 324 of the Indian Penal Code for voluntarily causing hurt by dangerous means, read with Section 34 relating to common intention. The court held that the prosecution had successfully established that the minor suffered bleeding head injuries as a result of the assault.
The case dates back to June 4, 2011, when the child was allegedly attacked near a water tap outside his residence at Bhoma in Ponda. According to the prosecution, one of the accused verbally abused the boy while the other struck him with an iron rod. The injured child was subsequently shifted by ambulance to Goa Medical College, Bambolim, where his wounds required suturing.
While reassessing the evidence on record, the High Court relied heavily on the statement of the injured minor and the supporting medical records. The court observed that the testimonies presented by witnesses in support of the victim were reliable and credible, even though they were related to him. It noted that a witness does not become unreliable merely due to familial ties if the evidence is otherwise convincing and consistent.
However, the court set aside the conviction of the appellants under Section 504 of the IPC for intentional insult and under Section 8(2) of the Goa Children’s Act, 2003, finding insufficient grounds to sustain those charges.
Partly allowing the appeal, the High Court confirmed the conviction under Section 324 read with Section 34 of the IPC and remanded the matter to the Children’s Court for a limited purpose. The lower court has been directed to consider the grant of probation to the appellants after obtaining a report from the concerned Probation Officer and to determine the duration of such probation.
The court also ordered that any fine paid by the appellants in relation to the offence under the Goa Children’s Act be refunded within eight weeks, as they have been acquitted of that charge.
