HC sentences man to life term for sodomy

New Delhi: The Delhi High Court has sentenced a man to life imprisonment for sodomising a three-and-a half-year-old boy, observing that the child was subjected to traumatic and brutal sexual assault.

A bench of justices S Muralidhar and Vinod Goel dismissed the man’s appeal and upheld a trial court’s order convicting him for the offences of aggravated penetrative assault under the Protection of Children from Sexual Offences (POCSO) Act and kidnapping and wrongful confinement under the IPC.
The bench noted that the child was “too young to depose” in the court and the failure to examine him was not fatal to the prosecution’s case.

“The victim was a young three-and-a-half-year-old child and was subjected to traumatic and brutal sexual assault by the convict. In the circumstances, the court does not find any reason whatsoever to interfere with the sentence awarded to the him for the offences,” it said.
The incident took place on February 11, 2014, when the child’s father had come home to have lunch while he was playing outside his house.
When the boy did not return home for some time, he asked his wife to search for him and later lodged a missing complaint at Madhu Vihar Police Station in east Delhi.

While searching for the child, the police reached a nearby photocopy shop and on showing the boy’s photograph were told that a man had taken him to the building’s roof.

On opening the room, the police found the child along with the accused and seeing this, the agitated crowd started beating the man. Accused Vinod Soren was arrested.
In his defence, the man claimed that the boy was brought to his room by some people who assaulted him and later, police came to save him.
Soren also claimed that he had not done any wrong act with the child and had been falsely implicated.
The trial court, which had held him guilty of the offences and also imposed a fine of Rs 41,000, had directed that a compensation of Rs 7.5 lakh be paid to the victim.
The high court, while dismissing the convict’s appeal, said that the correctness of the forensic analysis report was not questioned by him and the conclusion drawn by the trial court that this was a clinching piece of evidence to connect him with the crime cannot possibly be faulted.
It noted that the victim was rescued from the convict’s room which was locked from inside and opened by him and said there was “more than adequate evidence”.

Court convicts man in sodomy case

sodomy
sodomy

New Delhi, A man, accused of sodomising a person 19 years ago and inflicting injuries on him with sharp edged weapon, has been convicted by a Delhi court which said the victim’s testimony remained “unshaken” even during his cross-examination over a decade after the incident.

Metropolitan Magistrate Kapil Kumar convicted the accused under section 377 (unnatural offences) of the Indian Penal Code while also relying on the testimony of the doctor who had examined the victim.

“The unshaken testimony of prosecution witness three (victim) read with the testimony of prosecution witness two (doctor) and the medical report proves on record that the accused committed carnal intercourse against the order of nature with the victim,” the magistrate said.

The court also dismissed the contention of counsel for the accused that the forensic report showed that sodomy was not committed saying, “It is mentioned in the explanation appended to the section 377 IPC that penetration is sufficient to constitute carnal intercourse necessary to the offence described in the section.”

It observed that the victim, during cross examination which happened around 16 years after the incident, stood the test of cross examination and nothing came on record to lead any doubt about the credibility.

According to the prosecution, the victim, a resident of Jahangir Puri in north Delhi, was sodomised by the accused Suresh Mehto on August 22, 1997 at the basement of a shop near Azad Pur here.

It said that few days prior to the sodomy incident, Mehto, along with his associates, had beaten up the victim accusing him of stealing 30 cartons of mangoes. This matter was reported to the police, the prosecution added.

The accused denied the allegations and pleaded not guilty during the trial.

The court is yet to pronounce the quantum of punishment for the convict.