- (1.) Heard Mr. Arun Bras De Sa alongwith Mr. S. Sardessai, learned counsel for the Appellant and Mr. P. Faldessai, learned Additional Public Prosecutor for the State.
(2.) This appeal is directed against the judgment and order dated 10th August, 2017 in Special Case No.22/2016 made by the learned Children's Court, the State of Goa convicting and sentencing the appellant, in terms of operative portion which reads as follows :- "It is therefore, the accused is sentenced to undergo rigorous imprisonment for a term of 10 years and is directed to pay fine of Rs.2,00,000/-, in default, to undergo simple imprisonment for 2 years for the offence punishable under Section 8(2) of the Goa Children's Act, 2003, under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and under Section 377 of I.P.C. Further, the accused is sentenced to undergo rigorous imprisonment for a term of 3 years and is directed to pay fine of Rs.5,000/-, in default, to undergo simple imprisonment for 3 months for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012. The substantial sentences of imprisonment imposed on the accused shall run concurrently. The accused was arrested on 1.11.2015 and he is in judicial custody till date. The aforesaid period of detention is set off against the term of substantial imprisonment imposed on the accused, under Section 428 of Cr.P.C. The fine amount, if any, recovered from the accused shall be deposited in the name of the victim boy in Fixed Deposit in any Nationalised Bank till he attains majority. M.O.1 and 2; Exh.1 and 2 and the exhibits as per the CFSL Report, at Exh.C-46 colly, shall be destroyed after the appeal period is over."
(3.) The case of the prosecution is that on 31st October, 2015 after 8.30 p.m, near St. Bartholomeo's Church hall, in the jungle area, at Chorao, Tiswadi Goa, the appellant (accused) had 'carnal intercourse against the order of nature' with the minor victim boy, then aged 12 years and five months and that such acts constitute 'grave sexual assault' under Section 2(y)(i) of the Children's Act, 2003 and had 'penetrative sexual assault' under Section 3 of the Protection of Children from Sexual Offences Act, 2012.;