The Bombay High Court has refused to quash a first information report (FIR) against four men accused of assaulting and threatening a minor boy at a beach in South Goa in 2023. The court observed that the statement of the survivor is corroborated by a witness—a friend of the survivor's mother—who saw the incident and can verify the allegations.
Court's Observations
The court held that the FIR and chargesheet clearly point out an offense punishable under the Children's Act. It stated that it is not inclined to interfere in its inherent jurisdiction to set aside the FIR, chargesheet, and consequent criminal proceedings. The high court rejected the petition filed by Helcino Fernandes, Frank Da Silva, Augustinho Da Silva, and Jose Da Silva, all residents of Salcete. However, it clarified that its observations should not be construed as an expression of opinion on the guilt or otherwise of the petitioners, and that the trial court shall not be influenced by any of the observations.
Details of the Incident
According to the complaint, the survivor stated that he went to the beach to play football. When he returned to drink water, Helcino allegedly caught hold of his t-shirt and punched him, saying that he would break him like he broke his father. The other accused allegedly threatened to break the survivor's legs so that he would never play again.
The court's decision underscores the seriousness of the allegations and the importance of protecting minors from violence and intimidation. The case will now proceed to trial.
