AIROnline 2025 SC 788

Supreme Court Of India

(From : 2023 (1) ABR (Cri) 152)

Hon'ble Judge(s): Sanjay Karol, Sandeep Mehta , JJ

Goa Childrens Act (18 of 2003) , S.8(2), S.2(m)— Penal Code (45 of 1860) , S.323, S.504, S.352— Child abuse - Appreciation of evidence - FIR regarding offences punishable u/Ss. 323, 352, 504 of Penal Code and u/S. 8 of Act of Goa Children's Act ,2003 was lodged after eight days of alleged incident - Only allegation against accused as per statement of injured child was that accused hit him with school bag belonging to his own son - Simple blow with school bag, without any evidence of deliberate or sustained maltreatment, would not satisfy essential ingredients of child abuse - Moreover Medical Officer who examined injured child had not ruled out possibility of injuries being caused due to fall - Conviction for Offence punishable u/S. 8 of Act of 2003 was not made out - Further, ex-facie, alleged act of abusing child could not be construed to be such as being intended to provoke breach of peace - Conviction u/S. 504 IPC was also unsustainable - Conviction for offences punishable under Ss. 323, 352 IPC was affirmed - Maximum punishment for offence punishable u/S. 323 IPC is simple imprisonment for one year and for offence punishable u/S. 352 IPC is imprisonment for three months - Mandatory provision of S. 4 of Probation of Offenders Act, 1958 would apply - Accused was ordered to be released on probation. Probation of Offenders Act (20 of 1958) , S.4— 2023 (1) ABR (Cri) 152-Partly Revers....