'Child surviving on streets can't…': Delhi HC upholds conviction of man who sodomised 11-yr-old
The judge modified the trial court's 20-year jail term to 10 years on the grounds that at the time of the offence, the corresponding sentence was 10 years.
The Delhi High Court has dismissed an appeal against the conviction of a man accused of sodomising an 11-year-old homeless boy, maintaining that a child surviving on the streets may not be as reliable in providing precise details of a traumatic event as someone from a settled environment. The judgment, delivered on August 10, upheld the earlier conviction under Section 377 of the IPC and Section 6 of the POCSO Act, which mandates a minimum 20-year jail term for such offenses.
However, the court reduced the sentence from 20 years to 10 years, citing that at the time of the crime, the corresponding sentence was a decade. The minor alleged that the accused sexually assaulted him while he was sleeping under a railway bridge at Kashmere Gate in November 2016, after which the incident was reported to the police helpline by social workers who had organized a medical aid program for the homeless.
The accused's legal team contended that the evidence failed to prove the boy was under 12 years old and pointed out inconsistencies in the minor's testimony regarding his age, date of birth, and the clothing he was wearing. Despite these discrepancies, the court held that the minor's testimony remained consistent across all versions, particularly regarding the forcible anal intercourse.
The court also noted that the minor's inability to provide exact details of his age or other specifics due to his street life should not exonerate the accused.
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