Bombay HC refuses to quash FIR in 2023 assault of minor

Panaji: The Bombay high court refused to quash a first information report (FIR) against four men for 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 an witness’ statement, a friend of the mother of the survivor, who saw the incident and can verify the allegations. The court also held that the FIR and chargesheet clearly point out an offence punishable under the Children’s Act. It said that it is, therefore, not inclined to interfere in its inherent jurisdiction to set the FIR, chargesheet and consequent criminal proceedings aside.

The high court rejected the petition of Helcino Fernandes, Frank Da Silva, Augustinho Da Silva and Jose Da Silva from Salcete, but clarified that its observations shall 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.

According to the complaint, the survivor stated that he went to the beach to play football and when he came back to drink water, Helcino allegedly caught hold of his t-shirt and punched him, telling him that he would break him like he broke his father. The others said they would break the survivor’s legs so that he would never play again.
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