New Delhi: A 30-year-old man, accused of sodomising a minor boy here in 2009, has been sentenced to three years rigorous imprisonment by a Delhi court which held that unnatural sex between two persons is an offence "whether consensual or non-consensual".
Metropolitan magistrate Sushil Anuj Tyagi handed down the jail term to Ashu, a resident of Jahangirpuri, for the offences under sections 377 (unnatural offences) and 385 (putting person in fear of injury to commit extortion) of the IPC.
"The legal position that stands today is that unnatural sex between two persons whether consensual or non-consensual shall attract the culpability under section 377 IPC.
"But in the present case the victim is minor, thus consensus is of no relevance in the present case. The alleged unnatural sex with the minor anyways falls within the four corner of offence of sodomy," the court said.
The court, while relying on the victim's statement, said "the mere fact that the complainant was a minor is not a ground to discard his testimony. The victim has identified the accused before the court as the culprit.
"He is a competent witness and he has deposed without any blemish or flaw. There is no reason as to why his testimony should not be relied upon. There is no material contradiction which could go to the roots of the case."
It also relied on the medical report of the victim, saying, "It clearly transpires that the sexual assault against the nature has been committed on complainant."
According to the prosecution, on the evening of December 7, 2009, the boy was playing in a park near his house, when Ashu forcibly took him to another park and sodomised him.
The victim told the police that Ashu also video recorded his act and threatened to leak it if he did not bring money from his house, it added.
It further said that after reaching home, the minor narrated the incident to his uncle, who informed his parents and a complaint was lodged against Ashu. He was arrested the next day.
Ashu sought leniency from court on the ground that he had aged parents and wife to look after.