2011 (2) Crimes 72 (SC)
SUPREME COURT OF INDIA
P. Sathasivam and Dr. B.S. Chauhan, JJ.
Childline India Foundation & Anr. — Appellants
versus
Allan John Waters & Ors. — Respondents
Criminal Appeal Nos. 1208-1210 of 2008
with
Criminal Appeal Nos. 1205-1207 of 2008
Decided on : 18-3-2011

IMPORTANT POINT
The rule regarding non-requirement of corroboration is applicable to a case relating to Section 377 IPC.

Headnote:Indian Penal Code,1860-Sections 377, 373, 372 and 323 read with Sections 120-B and 109 IPC and Section 23 of JJ Act-. –Complaint filed by Childline India Foundation a Child Rights Organization alleging sexual and physical abuse of children at the Anchorage Shelters by people running these shelter homes-Conviction of accused persons by Trial Court-Appeals-Allowed by High Court acquitting all of accused persons –Appeals-. In the course of investigation, police recorded statements of five boys, who had suffered sexual abuse at the hands of A2 and A3 - In their respective statements, boys deposed of sexual abuse at hands of A2 and A3 and physical abuse at hands of A1- The said statements also showed that boys had told A1 about the sexual abuse, but he did not take any appropriate action to protect them- Analysis of evidence of PW-1 and PW-4, victims, at the hands of accused in the shelter homes clearly showed that both A3 and A2 had sex with them on many occasions- They also had similar sex with other boys who stayed in the shelter homes- No variance between the examination-in-chief and cross-examination of PWs 1 and 4 with regard to the material particulars of sexual abuse- No statement of these boys during cross-examination had been negated before examination-in-chief- Trial Judge correctly appreciated evidence of PWs 1 and 4 - No corroboration to evidence of PWs 1 and 4 required in a case of this nature-Analysis of evidence and the role played by PWs 2 and 3 showed that they supported the boys in bringing to the notice of the relevant authorities that what was happening in Anchorage Shelters- The way in which the children at all three places i.e. Colaba, Murud (Janjira) and Cuffe Parade were being used for sexual exploitation, it could not be claimed that ingredients of Section 377 had not been proved-Prosecution was able to prove guilt of accused persons-Impugned judgment of High Court set aside and that of Trial Court restored-Appeals allowed. (Paras 14 to 23, 31)

       Facts of the Case :

        A Complaint was filed by Childline India Foundation a Child Rights Organization herein in the instant case alleging sexual and physical abuse of children at the Anchorage Shelters by people running these shelter homes. Trial Court convicted accused persons .Appeals thereagainst were Allowed by High Court acquitting all of accused persons.

        2. Present appeals have been filed against said order of High Court.

       Findings of the Court :

        In the course of investigation, police recorded statements of five boys, who had suffered sexual abuse at the hands of A2 and A3. In their respective statements, boys deposed of sexual abuse at hands of A2 and A3 and physical abuse at hands of A1. The said statements also showed that boys had told A1 about the sexual abuse, but he did not take any appropriate action to protect them. The two victim boys, PW-1and PW-4 deposed in detail about activities going-on at the Anchorage Shelters and their depositions reflected that there was a criminal conspiracy amongst the accused to obtain possession of minor vulnerable boys residing on the streets and subject them to sexual abuse. Analysis of evidence of PW-1 and PW-4, victims, at the hands of accused in the shelter homes clearly showed that both A3 and A2 had sex with them on many occasion. They also had similar sex with other boys who stayed in the shelter homes-.No variance between the examination-in-chief and cross-examination of PWs 1 and 4 with regard to the material particulars of sexual abuse. No statement of these boys during cross-examination had been negated before examination-in-chief. Trial Judge correctly appreciated evidence of PWs 1 and 4. No corroboration to evidence of PWs 1 and 4 was required in a case of this nature. Analysis of evidence and the role played by PWs 2 and 3 showed that they supported the boys in bringing to the notice of the relevant authorities that what was happening in Anchorage Shelters. The way in which the children at all three places i.e. Colaba, Murud (Janjira) and Cuffe Parade were being used for sexual exploitation, it could not be claimed that ingredients of Section 377 had not been proved. Prosecution was able to prove guilt of accused persons-Impugned judgment of High Court was set aside and that of Trial Court restored. Appeals were allowed

       Result : Appeals allowed.