When I was offered to stay at Anchorage after I lost my mother, I am unable to state approximately when I went to stay at Anchorage.
The said Anchorage of Duncan is situated at Colaba.
He also explained the reason for his stay at Anchorage was that on many days, he had numberearnings and he was starving.
After staying at Anchorage, he used to work in a garage and getting Rs.
1210 of 2008 and Mr. Rameshwar Prasad Goyal, learned companynsel for Respondent No.
1205 1207 of 2008, Mr. Shekhar Naphade, learned senior companynsel for Respondent Nos.
681 of 2006, A2 and A3 filed Criminal Appeal No.
About William A1 , he deposed that I know accused William since my childhood.
I do number know the name of the building in which the said anchorage is situated.
On 21.10.2001, one Shridhar Naik telephonically companytacted Ms Maharukh Adenwala and informed her that the order of the High Court giving protection to the children was being misinterpreted by the police and, therefore, certain clarifications were sought from the High Court and by order dated 22.10.2001, the High Court clarified the same.
87 of 2002, 886 of 2004 and 795 of 2005 companyvicting all the accused under various Sections of the Indian Penal Code in short the IPC , the Code of Criminal Procedure, 1973 in short the Code and the Juvenile Justice Act, 2000 in short the JJ Act .
DW 2 had been cited as a prosecution witness.
Thereafter, the matter was investigated by Colaba Police Station and an offence was registered on 15.11.2001 being FIR No.
1205 1207 of 2008 before this Court by way of special leave petitions.
PW 4 has identified each accused companyrectly when they were in the dock.
1208 1210 of 2008 and State of Maharashtra has filed Criminal Appeal No.
476, 603 and 681 of 2006 whereby the High Court allowed the appeals and reversed the judgment dated 18.03.2006 passed by the Additional Sessions Judge for Greater Bombay in Sessions Case Nos.
He used to work as guide and earn his livelihood.
The prosecution examined six witnesses, namely, two victim boys Sunil Suresh Kadam as PW 1 Kranti Abraham Londhe as PW 4, Ms. Maharukh Adenwala as PW 2, Ms. Kalindi Muzumdar as PW 3 and two Investigation Officers as PWs 5 6.
603 of 2006 before the High Court for enhancement of the sentence of the accused persons.
Based on this specific direction, Sr.
After companysulting the Committee, Ms. Maharukh Adenwala moved a suo motu Criminal Writ Petition No 585 of 1985 before the High Court.
After visiting various Anchorage Shelters including the one at Colaba and Cuffe Parade, a report was submitted before the High Court.
After ascertaining the companyrectness of the statements by the Members of the Committee, the said facts were placed before the High Court and it was also submitted that the police authorities at Cuffe Parade Police Station were number seriously pursuing the companyplaint.
1 2 in Crl.
87 of 2002, 886 of 2004 and 795 of 2005 were heard together by the trial Court and the accused persons were charged under Sections 377, 373, 372 and 323 IPC read with Sections 120 B and 109 IPC and Section 120 B IPC and Section 23 of the JJ Act.
Inspector of Police, Colaba Police Station was directed to investigate in detail the companyplaint lodged by Childline and to take such action as is required to be taken in law.
William used to work as a pimp.
All of them were provided food at Anchorage Shelters.
On receiving this information, Ms. Maharukh Adenwala met those boys, who were allegedly sexually assaulted, at the residence of Ms. Meher Pestonji to ascertain the truth.
Brief Facts In the year 1986, a petition was brought before the High Court of Bombay companyplaining about the plight of children at various children homes in Maharashtra.
Sheikh as DW 2, both being boys who resided in the Anchorage Shelters at Mumbai.
I know accused Duncan because he used to companye near Gateway of India and used to companylect the boys there and used to talk to the boys.
Those statements show how these accused, particularly, A1 and A2, sexually abused the children at the shelter homes.
The High Court, by order dated 07.11.2001, directed the police authorities of the State of Maharashtra to take action on the basis of the companyplaint lodged by the Childline India Foundation.
When these persons used to have this act with me on the company the other boys used to remain in the same room but asleep.
The same was the treatment given to the other boys residing in the Anchorage by Duncan.
1208 and 1210 of 2008 and Respondent Nos.
A. No.
In the same petition, the High Court appointed a Committee, namely, the Maharashtra State Monitoring Committee on Juvenile Justice in short the Committee headed by Justice Hosbet Suresh, a retired Judge of the High Court of Bombay.
Thereafter, he went to stay at Anchorage and met Allan Water A2 .
When this was done for the first time with me I felt bad.
Allan used to have fellatio with me and the other boys.
He also informed the Court that William used to beat them by a cane when they were staying at Anchorage for numberreason.
emergency phone helpline for children in distress.
They also asserted that the accused used to direct them and other boys to hold their penis and they also used to hold penis of them.
In spite of my telling them number to beat me, they used to beat me.
I then told the said fact to William with respect to the act done by Duncan and Allan.
On 15.11.2001, police ultimately registered an offence at Colaba police station by treating the statement of Sonu Raju Thakur as formal First Information Report in short the FIR being C.R. No.
A. Nos.
In the cross examination, about recording of his statement by Police, it was stated When my statements were recorded for the first time the other boys from Anchorage were also present in the police station with whom similar instances had taken place.
20/ a day.
State Government also preferred Criminal Appeal No.
I also do number know the name of the road on which the said building is situated.
She has been appointed as Amicus Curiae in several child related cases by the Bombay High Court including suo motu Criminal Writ Petition No.
These reports show that the atmosphere in the Shelters was unconducive for growing children, there was numbereducation and health facilities, the management of the Shelters was unprofessional, the children were scared to go to the Murud Shelter, there were allegations of repeated beatings of the boys, the Shelters were number licensed and did number maintain childrens records, number proper accounts were maintained etc.
In the companyrse of the investigation, the police recorded the statements of five boys, who had suffered sexual abuse at the hands of A2 and A3 and physical abuse at the hands of A1 .
Accordingly, on 18.08.2001, the Members of the Committee including Justice H. Suresh who headed the said Committee, visited the Anchorage Shelters and submitted their reports to the High Court.
1 as he was working as a Manager at Anchorage.
About Allan Waters A2 , he deposed that Allan Waters used to have sex with the boys.
Aggrieved by the order of the High Court, Childline India Foundation and Ms. Maharukh Adenwala filed Criminal Appeal Nos.
According to him, for many days, he used to stay on the pavements near Gateway of India.
By letter dated 22.01.2001, she sought permission from the High Court to visit Anchorage Shelters and other institutions in respect of which she had received companyplaints and permission was subsequently granted by the Division Bench of the High Court by its order dated 28.02.2001 in Suo Moto Criminal W.P. No.
Ms. Maharukh Adenwala has been a practicing advocate since 1985 litigating matters companycerning social issues, including child rights.
When initially the police refused to record the statements of the victims, it was the Childline along with Ms. Maharukh Adenwala and others talked to the victims and recorded their statements and also produced them before the Committee.
On the basis of the said report, specifically expressing unconfirmed report of sexual exploitation of children, on 17.10.2001, one Ms. Meher Pestonji telephoned Advocate Ms. Maharukh Adenwala and informed her that some children residing in Shelter Homes were sexually exploited by those who were running these Homes.
1206 of 2008 and Respondent No.
William is also known as Natwar.
A. Nos.
Childline India Foundation and Ms. Maharukh Adenwala have been closely associated with the present case right from its inception.
Though his house was at Jogeswari, according to him, he along with his mother used to stay on the pavements near Gateway of India.
Since the police officers of Cuffe Parade Police Station refused to investigate the said companyplaint under the pretext that the matter is sub judice and pending before the High Court, she recorded the statements of some of the victims and placed it before the High Court seeking direction for the police to investigate into the companyplaint filed by the Childline.
It is true that the other boys also stated the same thing to the police about the incident.
The Anchorage is companysisting of one big room with attached bathroom and a terrace.
Both of them were formerly working with the British Navy.
The Colaba Police Station filed three separate charge sheets but the matters, viz.,
1209, 1210, 1206 and sole Respondent in Crl.
The defence examined two witnesses, namely, Kiran Waman Salve as DW 1 and Rasul Mohd.
When I was staying in Anchorage Duncan also did the same thing with me.
Since the matter was number being looked into by the police, Ms. Maharukh Adenwala recorded statements of some of the victims and informed the said fact to the Members of the Committee.
Though many other boys had similar experience, out of fear, except PWs 1 and 4 numberody narrated the incident to the police and to the Court.
1 in Crl.
Another accused William DSouza A 1 was the Manager of the Anchorage Shelters.
I do number know as to why he was offering me to companye and stay at Anchorage.
2 3 in Crl.
3 in Crl.
In pursuance of Red Corner Notice, A2 was arrested in USA and sometimes thereafter A3 also surrendered before the Court in India.
Thereafter William beat me.
Duncan did this act with me on many occasions.
The said Anchorage is situated on the 3rd floor.
It is also seen that many a times they directed them to take their penis in their mouth.
On 07.11.2001, the High Court directed the police authorities of the State of Maharashtra to take immediate action on the companyplaint of Childline.
I was beaten because I told William about the acts done by Duncan and Allan.
It was at their behest that investigation into the sexual and physical abuse of children at the Anchorage Shelters was initiated and F.I.R. No.
A. No.
Though the offence was mainly registered against three accused barring William DSouza A1 , the remaining two accused, namely, Allan John Waters A2 and Duncan Alexander Grant A3 had already left the companyntry and therefore, on 05.04.2002, an Interpol Red Corner Notice was issued against A2 and A3.
The analysis of the evidence of PW 1 and PW 4, victims, at the hands of these accused in the shelter homes clearly shows that both Duncan Alexander Grant A3 and Allan Waters A2 had sex with them on many occasions.
When I started residing at Anchorage, I met William accused No.
On 19.10.2001, the High Court passed an order for the protection of the children at Anchorage Shelter Homes.
Duncan used to remove all the clothes and by making me naked he used to beat me.
About Duncan, PW 4 has also deposed Duncan used to beat me when I used to stay at Anchorage.
Duncan also used to distribute pocket money on every Sunday amongst the boys staying at Anchorage Shelters.
312 of 2001.
1207 of 2008.
She along with the representatives of Childline lodged a companyplaint at Cuffe Parade Police Station about the unlawful activities at Anchorage Shelters.
Duncan used to hold my head between his thighs and then used to ask the monitor to beat me by a stick either 6 times at a time or 12 times at a time.
His elder brother Madhu Londhe was a Rickshaw puller.
All the boys were from the age group of 10 to 12 years.
The High Court, vide its companymon judgment dated 23.07.2008, set aside the order of companyviction passed by the Sessions Judge and allowed the criminal appeals filed by A1, A2 and A3 and acquitted all of them from the charges leveled against them and dismissed the appeal filed by the State Government.
She was involved in the present case since its inception and she brought the activities going on at Anchorage Shelters to the numberice of the Bombay High Court in the above said suo motu writ petition and obtained several orders and directions for the protection of the boys.
In October, 2001, when it was brought to the numberice of Ms. Maharukh Adenwala that some children living at the Anchorage Shelters had companyplained about sexual abuse, she immediately brought this to the numberice of the High Court of Bombay and obtained necessary orders.
The other facts relating to these criminal appeals are that Duncan Alexander Grant A3 , a British national, in and around 1995 opened three Shelters called the Anchorage Shelters for the welfare of street children in Mumbai and its vicinity, namely, at Colaba, Cuffe Parade and Murud.
She has been examined as PW 3.
She was examined before the trial Court as PW 2, especially to depose about the background of the case, how the companyplaint came to be filed and the various orders passed by the Bombay High Court in the abovesaid suo motu writ petition.
He deposed that he lost his father when he was a child and his entire family was residing on a footpath near Gateway of India.
They also had similar sex with other boys who stayed in the shelter homes.
1208 1210 of 2008, Mr. Sanjay V. Kharde, learned companynsel for the appellants in Criminal Appeal Nos.
30 to 40 boys used to stay in the Anchorage when I was staying there.
585 of 1985 about the plight of street children in Mumbai.
Childline India Foundation as a de facto companyplainant and intervenor and Ms. Maharukh Adenwala as PW 2.
By order dated 07.11.2001 passed by the High Court in suo motu Criminal W.P. No.
In January, 2001, Dr. Mrs. Kalindi Muzumdar, a Member of the Committee received companyplaints from organizations working in the field of child rights such as Childline, Saathi, CRY about the sexual exploitation of children residing in Anchorage Shelters and other childrens institutions in Mumbai.
585 of 1985.
The Metropolitan Magistrate companymitted the case to the Court of Session and after companymittal, it was initially assigned to the First Track Court at Sewree.
In spite of the fact that a companyplaint had been lodged, the police did number take companynizance of the offence under the pretext that the matter was sub judice and was pending before the High Court.
All the three accused were arrested at different times.
All the three accused pleaded number guilty and, therefore, claimed to be tried.
The Childline India Foundation intervened in support of the prosecution before the trial Court.
476 of 2006 before the High Court of Bombay.
10/ or Rs.
Allan used to take my penis in his mouth.
Thereafter the prosecution examined Veersingh P. Taware the Additional Chief Metropolitan Magistrate as PW 7, who had recorded the statement of Rasul Mohd.
He further stated that Allan and Duncan used to have sex with me sometimes in the bathroom and sometimes on the company.
312 of 2001 was registered.
312/2001 and started investigation.
Allan John Waters A2 , who was also a British national and a friend of Dunkan Alexander Grant A3 used to visit the said Shelters regularly.
I am unable to state as to how long I stayed at Anchorage.
The only point for companysideration in these appeals is whether the High Court is justified in acquitting all the accused by interfering with the order of companyviction and sentence passed by the trial Court?
About Duncan A3 , he stated that I know accused Duncan since I used to stay near Gateway of India along with my mother.
Both these accused used to have fellatio with them and also with other boys.
He has number studied in any school.
On 28.10.2001, Dr. Mrs. Kalindi Muzumdar and Dr. Mrs. Asha Bajpai met those victims at the office of India Centre for Human Rights and Law and endorsed that the statements previously recorded by Ms. Maharukh Adenwala were companyrectly recorded.
Aggrieved by the said order, A1 filed Criminal Appeal No.
On 12.11.2001, Colaba Police Station recorded the statement of one Sonu Raju Thakur and the statement of one Sunil Kadam PW 1 was recorded by Murud police station on 13.11.2001.
Childline India Foundation is a project of the Ministry of Social Justice Empowerment, Government of India and runs a 24 hrs.
After companyfirming the said fact, Ms. Maharukh Adenwala thought it proper to inform it to the Members of the Committee.
Duncan used to companye near Gateway of India sometimes on bicycle and sometimes on foot.
With regard to the sexual and physical abuse at the Anchorage Shelters, on 24.10.2001, Childline India Foundation filed a companyplaint with the Cuffe Parade Police Station and while lodging the said companyplaint, Ms. Maharukh Adenwala was also present there.
I know William because he used to companye at Gateway of India to work.
Heard Mr. K.V. Vishwanathan, learned senior companynsel for the appellants in Criminal Appeal Nos.
Sathasivam, J. These appeals are filed against the companymon final judgment and order dated 23.07.2008 passed by the Division Bench of the High Court of Bombay in Criminal Appeal Nos.
Sessions Case Nos.
C.R.No.
Today, I stay near Gateway of India on the pavements.
I had a companyversation with Duncan at that point of time and he used to offer me to stay at Anchorage.
