VidhiSangh

Supreme Court of India · 26/08/2025

SANTOSH SAHADEV KHAJNEKAR versus THE STATE OF GOA

[2025] 8 S.C.R. 2100 · 2025 INSC 1041

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Summary

Conviction of a labourer under Section 8(2) of the Goa Children's Act, 2003 and Section 504 IPC for hitting a schoolchild with a school bag during a sudden quarrel set aside: a single incidental blow without deliberate or sustained maltreatment is not 'child abuse', and abusing the child was not intended to provoke a breach of the peace. Convictions under Sections 323 and 352 IPC confirmed, with the appellant released on probation under Section 4 of the Probation of Offenders Act, 1958.

Issues

  1. Whether a casual, isolated blow to a child with a school bag during a scuffle constitutes 'child abuse' under Section 2(m) punishable under Section 8(2) of the Goa Children's Act, 2003.
  2. Whether the conviction under Section 504 IPC was sustainable where the alleged abuse was not shown to be intended to provoke a breach of the peace.
  3. Whether the appellant, convicted only under Sections 323 and 352 IPC, was entitled to the benefit of Section 4 of the Probation of Offenders Act, 1958.

Provisions considered

Held

Result

Appeal partly allowed. Appellant acquitted of the offences under Section 8(2) of the Goa Children's Act, 2003 and Section 504 IPC, and the impugned judgments set aside to that extent; conviction under Sections 323 and 352 IPC confirmed, but instead of undergoing the sentence the appellant is to be released on probation on furnishing bonds before the trial court within three months to keep peace and good behaviour for one year. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 2100.