Court reduces jail term of man convicted for sodomizing minor
A Delhi court has upheld the conviction of a man for sodomizing an eight-year-old but reduced his jail term from three years to 18 months, noting that he was about 19 years of age at the time of the incident, and is an illiterate person. Dharmender had challenged the May 2019 judgment of a metropolitan magistrate.
Testimony of the minor victim was of 'sterling quality': Judge
In that judgment, Dharmender was convicted under Section 377 (unnatural offenses), sentenced to undergo imprisonment for three years, and directed to pay Rs. 50,000 compensation to the victim. Upholding the decision, Principal District and Sessions Judge Dharmesh Sharma said the testimony of the minor victim was of a "sterling quality."
Nothing to suggest that the child witness was tutored: Judge
There is nothing to suggest that the child witness was tutored or had an ulterior motive to falsely implicate the man, the judge added. The judge noted that it is a case where the convict "sodomized the minor boy and subjected him to extreme physical and mental pain." I find no merit in the appeal and the same is accordingly dismissed, the judge said.
Order on his sentence was passed on September 23
In addition, the conviction under Section 377 IPC is upheld, the judge stated in an order dated September 8. The court then passed the order on his sentence on September 23.
Convict has already served jail term of over eight months
He lowered the jail term keeping in mind that the appellant was about 19 at the time of the incident and that he's an illiterate person. Therefore, the sentence of rigorous imprisonment for three years was reduced to a period of 18 months. The convict, who is now a daily wager, has already served a jail term of eight months and 13 days.
Convict was sent to judicial custody in June 2008
He was sent to judicial custody in June 2008 and was released on bail in February 2009, as per the judicial records. The sessions judge further said that he is not inclined to grant him the benefit of Section 4(1) of the Probation of Offenders Act. This Section provides for the release of certain offenders on probation.
Incident occurred on the evening of March 16, 2008: Prosecution
According to the prosecution, the incident occurred on the evening of March 16, 2008, when Dharmender sexually assaulted the minor in a house in a village in West Delhi. The eight-year-old victim was playing with water balloons, the convict took him away, gagged his mouth, and sexually assaulted him, as a result of which he experienced pain, according to his testimony.