New Delhi, Mar 17: 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.