Leniency to accused in sexual offences `undesirable`: Delhi HC

Leniency in matters involving sexual offences is undesirable and against public interest, the Delhi High Court has said while denying relief to a man sentenced to five years in jail for sodomising a teenaged boy 13 years ago.

PTI| Last Updated: Nov 21, 2013, 21:48 PM IST

New Delhi: Leniency in matters involving sexual offences is undesirable and against public interest, the Delhi High Court has said while denying relief to a man sentenced to five years in jail for sodomising a teenaged boy 13 years ago.

"Sexual violence apart from being a dehumanising act is an unlawful intrusion of the right to privacy and sanctity of a victim.

"It offends his/her self-esteem and dignity- it degrades and humiliates the victim and where the victim is a helpless innocent child, it leaves behind a traumatic experience. Thus, leniency in matters involving sexual offences is undesirable and against public interest," a bench of Justice S P Garg said.

"The assailants took turns to ravish the child and caused injuries on his body. Sexual violence apart from being a dehumanising act is an unlawful intrusion of the right to privacy and sanctity of a victim.

"The appellant’s crime is the result of a perverse mind," the court said in its brief judgement. The bench was hearing the appeal of Gulfam alias Ghoda Singh who was sentenced to a five-year jail term for abducting a 16-year-old boy in central Delhi area on knife-point and sodomising him on the intervening night of August 24-25, 2000.

He was assisted in the crime by Imran who was also convicted by the court but his sentence was quashed by the high court as he managed to convince it that he was a juvenile on the day of the incident.

Gulfam, who was 21 years old at the time of incident, did not challenge the conviction but pleaded that he be released on the imprionment already undergone which was about three years.

"The victim was a minor aged 16 years on the day of occurrence. The assailants committed sodomy on his person using knives and putting him in fear. They abducted him to a secluded place voluntarily and had carnal intercourse against the order of nature without his consent and against his wishes.
"The assailants were armed with deadly weapons and were under the influence of liquor that time at odd hours. The act was pre-planned and deliberate with an intention to satisfy lust," the bench said.
The bench noted that Gulfam was involved in other similar offences. "Mohd. Gulfam was aged about 21 years on the day of incident and had associated a minor in committing the crime. Considering these facts and circumstances, I find no sufficient ground to modify the sentence order. The appeal is unmerited," the bench said and directed Gulfam to surrender before November 26 to serve the remaining period of sentence.