PANJIM, APRIL 21
Holding him guilty of providing a CD containing pornographic films to a minor girl, the Children’s Court has sentenced a 42-year-old businessman from Pale and imposed a fine of Rs 1 lakh. In case, he defaults, the accused will have to undergo one month’s simple imprisonment.
The Court ordered that the fine amount be paid to the victim by way of compensation when she attains the age of 18.
The Children Court on Wednesday sentenced Manohar Gawandalkar under section 8(2) of the Goa Children’s Act to undergo imprisonment however it was set-off against his detention when the complaint came to be filed against him in 2006.
The Court however took lenient view as his counsel Arun Braz D’Sa produced a certificate from Apollo Victor Hospital stating that the accused has undergone kidney transplant as well as coronary angiography. And requested the Court to take lenient view as accused is continuously on medication.
The complaint against the accused was filed by mother of two girls who were aged ten and eleven ten at the time of the incident. In her complaint filed at Women’s Police Station, Panjim, she stated that accused came to her house on July 18, 2007 and met her younger daughter and gave her one CD. He told her to watch it on the computer but not to tell her parents about the CD. The accused also made the sign by touching his right hand finger on the nose showing that the CD contains obscene scenes, she said in her complaint.
The victim viewed the CD along with her elder sister on the computer but informed their mother when found that it contained dirty films.
They removed it and handed over to their mother revealing that it was given by the accused.
The complaint was filed at Bicholim Police Station which had warned the accused not to interfere with their family members. However, according to the complainant, the accused allegedly started harassing the family by making phone calls using abusive language.
The Complainant then lodged a complaint at Women Police Station and also handed over the CD.
The defence counsel submitted that a false complaint was made against the accused as complainant had taken a loan from him. He also pointed out that CD remained with complainant and it was not handed over to the police at initial stage when the first report was lodged.
However, Court held that there was no evidence that complainant had taken loan from the accused.
As regards to allegation of threat and abuses levelled by the complaint, the Court felt that there was no sufficient evidence to prove the charges and did not press the charges.
The accused was convicted under Goa Children’s Court as prosecution succeeded in proving that CD contained obscene scenes that was given to a minor.
