CHILDLINE INDIA FOUNDATION & ANR. versus ALLAN JOHN WATERS & ORS.

Citation: [2011] 3 S.C.R. 989 · Decided: 18-03-2011 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

[2011) 3 S.C.R. 989 
CHILDLINE INDIA FOUNDATION & ANR. 
v. 
ALLAN JOHN WATERS & ORS. 
(Criminal Appeal Nos. 1208-1210 of 2008) 
MARCH 18, 2011 
[P' SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] 
PENAL CODE 1860: 
A 
B 
ss.377, 377 rlw 1208, 373,373, rlw 109, 372, 323 and C 
120-8 and s. 23 of Juvenile Justice Act - Sexual abuse of, and 
physical assault on children of Anchorage Shelters in Mumbai 
- Conviction by trial court of all the three accused -Acquittal 
by High Court - HELD: The analysis of the evidence of the 
two Victims at the hands of the accused in the shelter homes 
clearly shows that both A-3 and A-2 had sex with them, on 
D 
many occasions - They also had similar sex with other boys 
who stayed in the shelter homes - Trial court has correctly 
appreciated the evidence of the victims, and arrived at a 
proper conclusion - On the other hand, the High Court 
committed an error in holding that their statements are 
E 
suspicious and not reliable and not proved beyonp sha.dow 
of doubt - There is no such basis for the High Court to have 
come to such a conclusion-In the circumstances, the 
impugned judgment of the High Court acquitting all the 
accused in respect of charges levelled against them is set F 
aside and the conviction and sentence passed by the trial 
court restored - Juvenile Justice (Care and Protection of 
Childreq) Act, 2000 - s.23. 
CONSTITUTION OF IND/A. 1950 
Anic/t=>~ 23, 15(3), 21-A, 24, 39 (e), (f), and 45 rlw s.23 of 
Juvenile Justice Act- Protection of children against sexual 
abuse - HELD: Sexual abuse of children is one of the most 
heinous crimes -
There are special safeguards in the 
989 
G 
H 
990 
SUPREME COURT REPORTS 
[2011) 3 S.C.R. 
A Constitution that apply specifically to children -
The 
Constitution has envisaged a happy and healthy childhood 
for children which is free from abuse and exploitation - Thus, 
our Constitution provides several measures to protect our 
children - It obligates the Central and all State Governments 
B and Union Territories to protect them from the evils, provide 
free and good education and make them good citizens of this 
country - Several legislations and directions of the Supreme 
Court are there to safeguard their interests - But these are to 
be properly implemented and monitored - The Court hopes 
c and trusts that all the authorities concerned through various 
responsible NGOs implement the same for better future of the 
children - Juvenile justice (Care and Protection of Chil1.1"ren ) 
Act, 2000 - Penal Code, 1860. 
In a writ petition complaining about the plight of 
D children of shelter homes in Maharashtra, the High Court 
appointed a Committee, namely, the Maharashtra State 
Monitoring Committee on Juvenile Justice, which was 
headed by a retired Judge of the High Court. The 
Committee after visiting various shelter houses, 
E submitted a report to the High Court specifically 
mentioning unconfirmed report of sexual exploitation of 
children. PW 2, an Advocate, after consulting the 
Committee, filed another writ petition on which the High 
Court passed an order for protection of childre_n of 
F Anchorage Sheiter Homes. On 24.10.2001 the appellant 
NGO filed a complaint with the Cuffe Parade Police 
Station, Mumbai with regard to sexual abuse and physical 
abuse of children at the Anchorage Shelters. It was stated 
that when the police did not take any action, PW 2 
G recorded statements of some of the victims. The 
Committee placed the facts before the High Court and on 
its direction the police of Colaba Police Station recorded 
the statements of two of the victims, namely, PW 1 and 
PW 4, and registered an FIR against three accused (A-1, 
H A-2 and A-3). A-3, a British national, was running three 
CHILDLINE INDIA FOUNDATION & ANR. v. ALLAN 
991 
JOHN WATERS & ORS. 
shelters called Archorage Shelters. for welfare of street A 
. children; A-2 another British national and a friend of A·2 
used to visit the shelters regularly; and A-1 was the 
Manager of the Anchorage Shelters. The trial court 
convicted A-1 u/s 377, r/w s 109, ss.120-8 and 323 IPC 
and s. 23 of Juvenile Justice (Care and Protection of B 
Children) Act, 2000 and sentenced him to 3 years RI and 
a fine of Rs. 5,500/-; A-2 and A-3 were convicted, inter alia, 
u/ss 377, 377 r/w s.120-8, s.373 IPC and sentenced to 6 
years RI and to pay a fine of 20,000/- UK pounds each. 
However, the High Court acquitted all the three accused c 
of all the charges. Aggrieved, the NGO, namely, C
Excerpt shown. Read the full judgment & AI analysis in Lexace.