Supreme Court ruling in Santosh Sahadev Khajnekar vs. State of Goa clarifies scope of child abuse under Goa Children’s Act.
SC ACQUITS MAN OF CHILD ABUSE CHARGE UNDER GOA CHILDREN’S ACT IN 2025
CASE SUMMARY – In Santosh Sahadev Khajnekar vs. The State of Goa (2025), the appellant was convicted by the trial court under IPC 323, 352, 504, and Section 8(2) of the Goa Children’s Act for hitting a child with a school bag. The High Court reduced the sentence but upheld the conviction. On appeal, the Supreme Court held that a single blow with a bag cannot amount to “child abuse” and IPC 504 was inapplicable as intent to provoke breach of peace was absent. The Court acquitted him of those charges, upheld IPC 323 and 352, and granted probation under the Probation of Offenders Act.
| Section | Details |
| Case Title | Santosh Sahadev Khajnekar vs. The State of Goa |
| Introduction | The appellant was convicted by the Children’s Court, Goa, under IPC sections and the Goa Children’s Act, 2003, for hitting a child with a school bag. |
| Factual Background | The incident occurred on 1st February 2013 at St. Ann’s School, Goa. FIR was lodged after 8 days. The trial court convicted and sentenced the appellant under IPC 323, 352, 504 and Section 8(2) of Goa Children’s Act. |
| Legal Issues | Whether the act constituted “child abuse” under Section 8(2) of the Goa Children’s Act, and whether conviction under IPC 504 was sustainable. |
| Applicable Law | Indian Penal Code (Sections 323, 352, 504), Goa Children’s Act, 2003 (Section 8), Probation of Offenders Act, 1958. |
| Analysis | SC observed that a mere blow with a bag cannot amount to “child abuse.” No evidence of cruelty, exploitation, or deliberate ill-treatment. Medical evidence suggested injuries could be from a fall. IPC 504 not attracted since intent to provoke breach of peace was missing. |
| Conclusion | Conviction under Section 8(2) Goa Act and IPC 504 set aside. Conviction under IPC 323 & 352 upheld, but benefit of probation granted under the Probation of Offenders Act. |
| Current Scenario | The appellant acquitted of major charges, released on probation for IPC 323 & 352 with conditions of good behavior for one year. |
“A trivial act of hitting with a school bag does not constitute child abuse under the Goa Children’s Act.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – Indian Penal Code
