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Tuesday, Apr 06, 2004

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National

Supreme Court grants bail to Swiss couple

Our Legal Correspondent

NEW DELHI, APRIL 5. The Supreme Court today granted bail to a Swiss couple convicted by a trial court in Maharashtra for sexual exploitation of children and permitted by the Bombay High Court to leave the country on payment of compensation of Rs. 1 lakh to each of the six victims.

The court had on April 2 stayed the operation of the High Court judgment reducing the sentence of seven years' imprisonment awarded to the couple by the trial court and treating the period already undergone by them in jail as the period of sentence.

A three-Judge Bench, comprising the Chief Justice, V.N. Khare, Justice S.B. Sinha and Justice S.H. Kapadia, while staying the impugned judgment said the passports would remain with the court. The Bench admitted the appeal and asked the Registry to expedite its hearing. The Bench was informed that the Swiss Embassy had already deposited Rs. 6 lakhs with the Court.

A Mumbai Sessions Court had in March last convicted Marti Wilheim and his wife, Lily Marti, to seven years' rigorous imprisonment and a fine of Rs. 5,000 each in respect of three children, identified as victims of sexual exploitation. The charge was that the children were used for pornography. Arrested for the incident that took place in December 2000, they continued to remain in prison.

On appeal, the Swiss couple contended before the High Court that they would not contest their conviction if their sentence was reduced. Accordingly, the High Court modified the sentence holding that no useful purpose would be served by keeping the accused in custody for seven years. The period of three years and three months, which the accused had suffered in jail, would be sufficient to meet the ends of justice, the court said and directed their release on payment of Rs. 1 lakh each as compensation for the six children identified by them as victims of sexual exploitation.

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