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NIZ GOENKAR
Tuesday, June 27, 2017
DOCTOR AND HIS WIFE SENTENCED TO 3 YEARS SIMPLE IMPRISONMENT FOR CHILD ABUSE
Saturday - Oct 25, 2014
PANJIM: The president of the children’s court for the state of Goa at Panjim Vandana Tendulkar has convicted Dr Zelio Silvestor D’Mello and his wife Elaine Justine Amara D’Mello for offences under Indian Penal Code and Goa Children’s Act and sentenced them to undergo three years simple imprisonment and also imposed a fine of Rs 1 lakh each.
 
Dr D’Mello, who is associate professor in the orthopaedic department of Goa Medical College, and his wife were held guilty for committing offences punishable under Sections 342 and 323 of India Penal Code and Sections 8(2), 8(4) and 8(9) of Goa Children’s Act, 2003 by the court earlier and the quantum of punishment was handed down to them on Friday.
 
In case the fine imposed on the convicts was not paid they would have to undergo another one year’s simple imprisonment, the court has stated.
 
The conviction order has been suspended till November 14 to allow the convicts to challenge the judgment in higher court.
 
The couple was charged by the police for wrongfully confining two minor sisters (15 years and 13 years respectively) in their house and voluntarily causing hurt to them on various occasions. They were also charged for child abuse under Sections 342 and 323 of IPC.
 
The president of the children’s court has in her judgment observed that the minor girls, hailing from Odisha, were wrongfully confined in the house by the couple and that their father passed away during their confinement without seeing or meeting them. It has also been mentioned that the girls were not paid any remuneration though their services were used for 16 months.
 
It has also been mentioned in the judgment that maternal uncle of the siblings, who had come to take the girls to their native place to meet their ailing father (before his death as he wished) was beaten up by the doctor, who subsequently got him arrested by the police.
 
The couple also obstructed the non-government organisation and the police, which had gone to their house from entering the house and talking to the girls. It was only when a search warrant was seen by Dr D’Mello in presence of his advocate that the victim girls were brought out of the house from side door and handed over to the rescue team.
The president of the children’s court has also observed that there was enough evidence to show that the couple had taken advantage of the poor economic status and the illiteracy of the family of the victim girls. The medical evidence on the record reveal the injuries caused to the victim girls during their stay in the house of the convicts.
 
The children’s court president has observed that the nature of offence for which the accused were convicted appeared to be a serious one and as such could not be dealt with lightly, since it was an offence of “child abuse” under the special Act, specifically enacted to protect, promote and preserve the best interest of the children in the state. – NT

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Comments (4)
Ignatius Fernandes/Margao/Borda/U.K.
Sunday - Oct 26, 2014
Another case of Indianised Goans going to pot. No scruples, no shame, no sense of duty.
Remy
Sunday - Oct 26, 2014
@Ignatious Dias- Agassaim, i would beg to differ by saying It is a selective law in many a case. The very reason that in-spite of all the hard evidence the state had against the Tamil Minister it took the Law years to convict her, Why? The bottom line she was highly influential and had her weight. Why is that the same Tamil minister could get bail on health grounds? Will the same court give bail to the many others languishing in jail on health grounds? Why is it that our very own Micky Mouse and the monster rat are walking free inspite of so many criminal cases against them. Please dont tell me that they are innocent. The whole of Goa knows their deeds. Just my thought, I still share the very same sentiments you do, but just differently. Peace my brother.
Ignatius Dias - Agassaim
Sunday - Oct 26, 2014
@Remy - Indian law is not selective type. It is a time consuming process. For your information even the Chief Minister of Tamil Nadu was convicted after many years.
Remy
Saturday - Oct 25, 2014
Why wasnt this same principle applied to cases more significant then just employing minors in the house? What happened to the minor innocent vasco school girl who was raped? what happened to the case where a ministers son was involved in rape? What happened to the cops involved in drug deals, what happened to the cop from vasco involved in dealing with fake currency? Isnt this Indian law a selective type of law where those in power and position get away with murder while the others see the arm of law?
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