Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 373 PENAL CODE 1860: A B ss.377 372 323 377 rlw 1208 rlw 109 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE 1860:ss.377, 377 r/w 1208, 373,373, r/w 109, 372, 323 and 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 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 suspicious and not reliable and not proved beyond shadow of doubt - There is no such basis for the High Court to have come to such a conclusion-In the circumstances, the impugned judgement of the High Court acquitting all the accused in respect of charges levelled against them is set aside and the conviction and sentence passed by the trial court restored - Juvenile Justice (Care and Protection of Children) Act, 2000 - s.23.CONSTITUTION OF INDIA,1950Article 23, 15(3), 21-A, 24, 39 (e), (f), and 45 r/w 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 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 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 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 Children ) Act, 2000 - Penal Code, 1860. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 225 |
Petitioner | Childline India Foundation & Anr. |
Respondent | Allan John Waters & Ors. |
SCR | [2011] 3 S.C.R. 989 |
Judgement Date | 2011-03-18 |
Case Number | 1208-1210 |
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