The Supreme Court of India has partly allowed the appeal of Santosh Sahadev Khajnekar, who was earlier convicted under multiple charges including the Goa Children’s Act, 2003. The bench of Justice Sanjay Karol and Justice Sandeep Mehta delivered its decision on August 26, 2025, modifying the earlier findings of the trial court and the Bombay High Court at Goa.
Background of the Case
In 2013, an incident at St. Ann’s School in Tivim, Bardez, Goa, led to an FIR against the appellant for allegedly hitting a child with a school bag. In 2017, the Children’s Court convicted him under Sections 323, 352, 504 of the Indian Penal Code (IPC) and Section 8(2) of the Goa Children’s Act, 2003. He was awarded imprisonment and fines.
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In 2022, the High Court of Bombay at Goa reduced the sentence but upheld convictions under all charges. Dissatisfied, the appellant approached the Supreme Court.
The appellant’s counsel argued that the act was unintentional and not “child abuse” under Section 8 of the Goa Children’s Act. It was claimed that he only hit the child accidentally during a scuffle involving his son’s school bag. The defense also requested the benefit of the Probation of Offenders Act, 1958, highlighting that the appellant was a labourer and sole breadwinner of his family.
The State opposed, arguing that child abuse involves moral turpitude and the Goa Children’s Act was enacted to curb such offences. It was stressed that both lower courts had already found him guilty, and showing further leniency would send a wrong signal to society.
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The Court carefully examined the facts and evidence, noting that:
“A simple blow with a school bag, without evidence of deliberate or sustained maltreatment, does not satisfy the essential ingredients of child abuse.”
The bench held that Section 8 of the Goa Children’s Act cannot be applied to trivial or isolated incidents. It also ruled that conviction under Section 504 IPC was unsustainable since there was no intent to provoke breach of peace.
However, convictions under Sections 323 (voluntarily causing hurt) and 352 (assault or criminal force) IPC were upheld.
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The Supreme Court acquitted Santosh Sahadev Khajnekar of offences under Section 8(2) of the Goa Children’s Act, 2003, and Section 504 IPC. He was directed to be released on probation under the Probation of Offenders Act, upon furnishing bonds before the trial court within three months. He must maintain peace and good behaviour for one year.
The appeal was thus partly allowed.
Case Title: Santosh Sahadev Khajnekar vs. The State of Goa
Case No.: Criminal Appeal No(s). 1991 of 2023
Court: Supreme Court of India, Criminal Appellate Jurisdiction
Judgment Date: 26 August 2025