Summary: On February 3, 2026, the Bombay High Court at Goa delivered a decision on a 2011 assault case involving two sisters, Anita and Kunda Naik. They were initially found guilty of attacking a minor with an iron rod. The court has now cleared them of some charges, but kept others, sending the case back for possible probation.
On June 4, 2011, a minor was attacked while washing his face outside his house in Bhoma, Ponda, Goa. Anita and Kunda Naik allegedly used bad language and hit him with an iron rod, causing serious head injuries.
"Appellant No. 1 hit the iron rod on his head, right shoulder, and right leg, resulting in bleeding injuries." - Victim's Testimony
The victim was taken to Goa Medical College, Bambolim, for treatment. His mother reported the incident to Ponda Police Station the same day, leading to the arrest of the Naik sisters, who were released on bail on June 5, 2011.
The Children's Court in Panaji initially found the sisters guilty under various laws, including the Goa Children’s Act. The prosecution brought in eight witnesses, including the victim, his family, and neighbors. The defense argued that the charges were due to a property dispute.
Conviction Upheld: The court confirmed the guilty verdict for causing hurt with a dangerous weapon.
Acquittal on Other Charges: The court cleared them of charges for intentional insult and under the Goa Children’s Act, stating the incident didn't count as "child abuse" as defined by the Act.
"The offence of child abuse necessarily presupposes an intention to cause harm... A sudden reaction in the heat of the moment does not satisfy the essential ingredients of child abuse." - Court's Observation
Judge Shreeram V. Shirsat sent the case back to the Children’s Court to consider probation for Anita and Kunda Naik, emphasizing the importance of rehabilitation over jail time.
"The mandatory provision of Section 4 of the Probation of Offenders Act, 1958 would apply and the Appellants deserve to be given the benefit thereof."
The court's decision cleared the Naik sisters of some charges while upholding others, and it has been sent back to consider probation, focusing on rehabilitation rather than punishment.
