Court upholds JJB order convicting juvenile in sodomy case
The accused in sexual assault cases can be convicted even in the absence of any medical evidence if the testimony of the victim is found “truthful and trustworthy”, a sessions court here has said while upholding the conviction of a juvenile for sodomising a 10-year-old boy.
“Forensic evidence in sexual assault cases is only a piece of corroborative evidence and if the testimony of the victim is found truthful and trustworthy even in the absence of any medical evidence, the accused can be convicted,” Additional Sessions Judge Gautam Manan observed.
The court, while dismissing the appeal of the juvenile, a North Delhi resident, against a Juvenile Justice Board’s 2015 order by which he was sent to a special home for two years for the offence of sodomy, relied on the victim’s testimony, saying it was consistent.
“It would be seen that court has over the years attributed testimony of child witnesses same kind of credibility that it attached to statement of any other witness if the testimony is consistent. In the present case, the victim is consistent on material particulars with regard to incident of sexual assault on him,” the judge said.
The juvenile offender was held guilty of offences under the Protection of Children from Sexual Offences Act (POCSO) and section 377 (unnatural offences) of IPC.
According to the compliant, on March 21, 2014, the victim was sodomised by the convict and his adult associate. It was alleged that the duo tied his hands and gagged his mouth before sodomising him.
In his appeal before the sessions court, the juvenile had contended that there is no forensic evidence to connect him with the crime.