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CHILD SEX ABUSE CASE
NGO challenges acquittal of two foreigners
New Delhi: An NGO on Tuesday moved the Supreme Court (SC), challenging a Bombay high court verdict acquitting Britons Duncan Grant and Allan John Waters and their accomplice William D’- Souza from a child sexual abuse case.
Mentioning the petition for urgent hearing before a Bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and J M Panchal, senior advocate Fali S Nariman said it was unusual for the HC, which reversed the trial court judgment convicting the three accused on July 23, not to stay its verdict pending filing of appeal in the apex court.
He said the Britons, who had tried to escape Indian law, were extradited to face trial in the child abuse case for allegedly sexually assaulting minors at the ‘Anchorage’ shelter home set up by Grant, who had surrendered in June 2005. Waters was arrested by US police and was deported to India in September 2004 to face trial.
Nariman requested an urgent hearing apprehending that if passports were given to the foreigners, they would lose no time in slipping out of the country. And if the SC stayed the HC order or reversed it, then it would entail a second extradition.
The Bench, while refusing to pass any interim order, directed listing of the appeal filed by NGO ‘Childline India Foundation’ on Friday. The appeal also seeks stay of the HC judgment. All the three accused were convicted by the trial court on March 18, 2005, under Section 377 of the IPC. While Grant and Waters were sentenced to six years’ imprisonment, their accomplice was sentenced to three years in prison.
The HC had allowed their appeals and acquitted them. It had also rejected an appeal filed by the NGO seeking enhancement of the sentence.
The NGO said, “The conduct of the accused shows that they may not be available before the Supreme Court and the entire petition will be rendered infructuous if they are released pursuant to the HC judgment acquitting them.’’
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