The Delhi High Court has freed a man convicted of sodomizing a 10-year-old boy, noting that he has undergone a substantial sentence period for seven years and his conduct during incarceration was found satisfactory.
Justice Chandra Dhari Singh said, “The accused (Laxman) was about 21 years old at the time of the commission of crime. He has already undergone substantial period of sentence i.e. about 7 years.”
As per the FIR, on January 5, 2015, the victim told his father that on the very same day at about 4 p.m., Laxman took him to a drainage area near DESU Colony, Rana Pratap Bagh, Delhi and sodomized him. The boy also complained that Laxman threatened him not to disclose the incident to anybody otherwise he would kill him. The father then registered the FIR, following which Laxman was arrested on the same day.
On January 15, 2016, a sessions court here convicted Laxman for the offence and sentenced him to 10 years of rigorous imprisonment.
Laxman’s counsel said while committing the offence, Laxman was a youngster and he did it in a heat of passion. The counsel further said that his client had no criminal history and more so and his conduct was also found to be satisfactory as per nominal roll during the period of incarceration.
Taking note of the submission, Justice Singh said, “In view of his age, mitigating factors referred above and considering the age of the appellant/accused at the time of offence, non-involvement in any other criminal case, and his conduct in jail during incarceration, this court is of the opinion that the interest of justice would be met if the substantive sentence imposed upon the appellant/accused is reduced to the period already undergone by him”.
The Judge upheld the sessions court’s verdict holding Laxman guilty for the crime but modified the 10 years sentence ordered by the trial court to the period already undergone by him for seven years.
