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 Justice S. Muralidhar and Justice 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 Indian Penal Code.
‘Too young to depose’
The Bench also 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. He 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 him [the convict] for the offences,” the Bench said.
The incident took place on February 11, 2014. The child’s father had come home for lunch while the boy was playing outside the house.
When the boy did not return home, the man asked his wife to look for him. He 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. When they showed the boy’s photograph, they were told that a man had taken him to the building’s roof.
The police found the child along with accused Vinod Soren inside a room. The agitated crowd started beating Soren. In his defence, Soren claimed that the boy was brought to his room by some other persons, who assaulted the child as well. He said the police arrived later to save the boy. Soren also claimed that he had not done anything wrong with the child and had been falsely implicated.
The trial court, which had held him guilty of the offences and 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 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”.
The court does not find any reason whatsoever to interfere with the sentence awarded to the him for the offences
Delhi HIgh Court
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