Solitary Incident Of Assaulting Child Is Not 'Child Abuse' Under Goa Children's Act: Bombay High Court

The Bombay High Court on Tuesday (February 3), while acquitting two women convicted for hitting their relative's child with an iron rod on his head leading to bleeding injury, held that mere solitary instance of an assault on a child cannot amount to the offence of 'child abuse' under the Goa Children's Act, 2003 Sitting at the Goa bench, single-judge Justice Sreeram Shirsat dealt with the appeal filed by Anita and Kunda Naik (both real sisters) challenging the June 30, 2016 judgment of a Children's Special Court in Panaji, which convicted them under sections 504 (intentional insult to provoke commission of crime or breach of peace), 324 (voluntarily causing grievous hurt) under the Indian Penal Code (IPC) and the relevant provisions of the Goa Children's Act.The Naik sisters were sentenced to one year's simple jail term for the offences under sections 504 and 324 along with a fine of Rs 500. However, for the offence under section 8(2) of the Goa Children's Act, the accused were asked to pay Rs 1 lakh each.The judge noted from the prosecution case, that on June 4, 2011, when the victim, a minor at that time, was washing his face, the Naik sisters, abused him in 'filthy' language and assaulted him with an iron rod on his head, right shoulder and right leg. This led to a 'bleeding' injury on his head, for which he got the treatment after visiting a government-run hospital and subsequently lodging an FIR. However, Justice Shirsat noted that in the instant case, there was no allegation of repeated harassment or assault of the minor victim at the hands of the applicant sisters. "I am of the opinion that the present case in hand being a solitary incident does not satisfy the essential ingredient of 'Child Abuse.' It cannot be attracted to every trivial or isolated incident involving a child, but must necessarily co-relate with acts involving cruelty, exploitation, deliberate ill-treatment, or conduct intended to cause harm and its legislative intent is to protect children against serious forms of abuse and not to criminalise minor, incidental acts emanating during the course of simple quarrels," Justice Shirsat held. The offence of child abuse necessarily presupposes an intention to cause harm, cruelty, exploitation, or ill-treatment directed towards a child in a manner that exceeds a mere incidental or momentary act during a quarrel, the judge pointed out. "A sudden reaction in the heat of the moment, without any evidence of deliberate or sustained maltreatment, does not satisfy the essential ingredients of child abuse. Therefore, in my opinion, taking into consideration the facts of the present case, the Children's Court has erred in convicting the Appellants under Section 8(2) of The Goa Children's Act, 2003 and therefore deserve to be acquitted for the said offence," the judge held.Further, the judge held that even the offence under section 504 is not made out in the instant case as there was no evidence on record to suggest that the Accused had any specific intent to provoke or knowledge that their actions will cause breach of peace. The only offence made out, the judge said was section 324 of the IPC as the prosecution successfully through the material on record, established that the accused sisters assaulted the minor victim. The judge noted that since there has been no re-occurrence of any incident and that the accused as well as the victim are relatives and that the incident dates back to 2011, therefore, ordered the Children's Court to consider if Probation under the Probation of Offenders Act, 1985 could be granted to the accused. With these observations, the judge acquitted the Naik sisters from the charges under the Goa Children's Act and also section 504. Appearance:Advocates Abhijit Gosavi and Shweta Shetgaonkar were appointed for appearing for the Appellants under Legal Aid Scheme.Additional Public Prosecutor Pravin Faldessai represented the State. Case Title: Anita Naik vs State (Criminal Appeal 49 of 2016)Citation: 2026 LiveLaw (Bom) 50Click Here To Read/Download Judgment

Solitary Incident Of Assaulting Child Is Not 'Child Abuse' Under Goa Children's Act: Bombay High Court

Narsi Benwal

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