Prithviraj K. Chavan, J. - (1.) Feeling aggrieved with the judgment and order of conviction dated 31/07/2015 by the Children's Court, Panaji, Goa, the appellant has preferred this appeal.
(2.) The appellant came to be convicted and sentenced to undergo simple imprisonment for 6 months of an offence punishable under Section 323 IPC. He is sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2,00,000/-, in default, simple imprisonment for 2 years of the offence punishable under Section 376(2)(i) of IPC and under Section 8(2) of the Goa Children's Act, 2003 and under Section 4 of the Protection of Children from Sexual Offences Act, 2012.
(3.) Facts of the case in brief are as follows: On 06/07/2013, PW1 Shamina Begum Shaikh had lodged a report with Porvorim Police Station. She was residing at Ramnagar Betim, Bardez Taluka, Goa along with her husband, daughter (prosecutrix) aged about three and half years and two sons aged about 2 years and 3 months, respectively in a rented room. Her husband works as a labourer. On 06/07/2013, at about 12.45 hrs. prosecutrix was crying for a chocolate and, therefore, PW1 Shamina asked her to get it from the general shop of the appellant by giving her two rupees. The prosecutrix always used to go to the appellant's shop to buy chocolate and would return within few minutes. Since she did not return for about 20 minutes or so, PW1 Shamina went to see her in the appellant's shop and noticed that the prosecutrix was inside the shop of the appellant along with the appellant. The prosecutrix was crying. She brought her outside the shop and asked her the reason as to why she was crying upon which the prosecutrix replied that the appellant removed his pant and put his private part in her mouth and said "dudu piyo" (drink milk). PW1 Shamina brought her daughter home and again asked her in detail, to which she replied in a similar manner. It is alleged that the appellant removed his pant and put his private part in the mouth of the prosecutrix and said "dudu piyo". He also slapped on her face. PW1 Shamina immediately contacted her husband, who was on his centering work. Thereafter, a written report came to be lodged with the police station. ;