PANJIM: The High Court of Bombay at Goa quashed and set aside Goa Children’s Court order and acquitted a school teacher from charges of assaulting a minor student, by giving her the benefit of doubt.
Eliza Fernandes of Caranzalem had challenged her conviction dated January 31, 2017 by the Goa Children’s Court to undergo simple imprisonment for one-year and to pay a fine of Rs one lakh or in default to undergo simple imprisonment for one-year, after she was held guilty for the offence punishable under Section 8 (2) of Goa Children’s Act 2003.
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In June 2012, the Panjim police had chargesheeted Fernandes for allegedly physically abusing a student by slapping him on his face and hands, twisted his ears and pinched his legs. The parents of the victim had filed a complaint, 20 days after the incident stating therein that on February 24, 2012 stating that the teacher assaulted their son, who was studying in a pre-school at Miramar.
Arguing on behalf of the appellant, senior advocate Surendra Desai challenged jurisdiction of Children’s Court to take cognisance of the charge-sheet and deciding it on merit. He submitted that Section 8 (1) and Section 4 (12) nowhere provide or substantiate any criminal offence and therefore, taking cognisance of such charge-sheet was itself illegal. He submitted that entire prosecution of appellant is against the provisions of Article 21 of the Constitution as no person could be tried/prosecuted without the procedure established by law. The appellant was falsely implicated and that the entire trial stands vitiated as it was conducted without the procedure established by law.
Additional Public Prosecutor Mahesh Amonkar representing the State, stated that though the charge-sheet discloses only Section 8 (1) and Section 4 (12) of Goa Children’s Act, the Court is competent to take cognisance of the matter under Section 8 (2) of the said Act when found that the child was physically and psychologically abused by the teacher in the school. He told the Court that there is no bar under the entire Act preventing the Children’s Court from taking cognisance of the charge-sheet filed before it by the police. The procedure under Section 15 of the Act is totally a different procedure which could be adopted and such power is discretionary and not mandatory.
