The Madras High Court today directed Additional District Judge of Madurai district to inspect an unregistered orphanage, run at Tiruchirapalli by a pastor and his wife, a German national, and file a report on December 1 over alleged irregularities.
Justices V Ramasubramanian and N Kirubakaran, acting on a petition by an NGO, which had sought a CBI probe, directed ADJ Deepti Arivunithi to visit the orphanage on December 28 and 29, inspect it and file the report.
The ADJ should find out if the orphanage had infrastrucuture, status of girls housed there, identification of children with reference to their native place, register maintained by it, details of the school or educational institutions where the girls were studying and from where they had been bought.
Earlier, the District Social Welfare Officer and child welfare committee president, who were present in the court, said the home did not have recognition.
They also raised serious charges about the conditions in which children are located. There were 89 girls, of whom 35 had attained majority, they said.
Petitioner A Narayanan, Director of an NGO Change India, working for the rights of children, had sought a CBI probe and said the agency should look at the modus operandi and motive of the pastor in setting up the "illegal" orphanage.
CBI should probe various issues, including whether the 89 children had been brought with the consent of the parents or procured through brokers.
He alleged that the children were doing all chores, including cooking, at the orphanage run by the pastor Gideon Jacob and his wife, Ute Jacob, a German national.
An intern of the NGO, while doing his Masters in Social Work course, had done a study of the orphanage and submitted the report to the organisation, the petitioner said.
The high court commuted the death sentence awarded to
Ramchandra, and allowed the appeal filed by him challenging his conviction under section 302 (murder) of IPC for allegedly causing the death of one inmate.
The high court had upheld his conviction for gang-rape and sentenced him to ten years in prison.
The HC, while acquitting Ramchandra on charges of murder, observed that the prosecution was not able to adduce evidence to prove that the death of an inmate was caused due to physical and sexual abuse.
The court, while relying on medical evidence which claimed that the girl had died due to tuberculosis and acute pneumonia, said, "In the present case, there is absolutely no evidence to prove that the accused had committed any such act, which had resulted in death of...."
Moreover, the prosecution has not adduced any evidence to prove that the girl's death was due to deprivation of proper food and medication.
There is absolutely no evidence to prove that the accused had failed to give medication or proper nutrition to her with an intention of causing her death or with a knowledge that it would cause or accelerate her death, the HC said.
A total of six convicts, including Karanjule, had approached the high court after a sessions court convicted them in March 2013.
Apart from Karanjule, the others convicted by the HC are -- Nanabhau Karanjule, Khandu Kasbe, (both acquaintances of Ramchandra Karanjule), and Sonali Badade (orphanage superintendent) and Parvati Mavale (caretaker).
The high court, however, acquitted Prakash Khadke (acquaintance of Ramchandra Karanjule) from all charges.
The HC had upheld conviction under section 354 (molestation) and two-year sentenced handed over to Nanabhau Karanjule.
It convicted Khandu Kasbe under section 376 (2)(g) and sentenced to ten years imprisonment with Rs 50,000 fine.
The orphanage's superintendent, Sonali Badade, was acquitted under the charge of attempt to murder, but convicted on a lesser charge of causing hurt and sentenced to one year in jail with Rs 2,000 fine.
Similarly, Parvati Mavale was convicted by the high court for causing hurt under section 324 of IPC, and sentenced to one year in jail with Rs 2,000 fine.
