Delhi HC upholds conviction in sodomy case of homeless 11-year-old

‘Child surviving on streets can’t…’: Delhi HC upholds conviction of man who sodomised 11-yr-old

Delhi High Court has upheld the conviction of a man for sodomising an 11-year-old homeless boy in 2016, but reduced the trial court’s 20-year jail term to 10 years because the minimum…

The Story in Brief

Delhi High Court has upheld the conviction of a man for sodomising an 11-year-old homeless boy in 2016, but reduced the trial court’s 20-year jail term to 10 years because the minimum sentence under Section 6 of the POCSO Act was raised to 20 years only from August 2019. Justice Chandrasekharan Sudha ruled that a street child cannot be expected to give precise details of date, time or clothing like a settled witness. The boy was rag-picking and sleeping under Kashmere Gate bridge when assaulted. The court found his account consistent on key facts, rejecting defence arguments about inconsistencies and age proof. School records confirmed he was 11.

Delhi HC upholds conviction in sodomy case of homeless 11-year-old
Delhi HC upholds conviction in sodomy case of homeless 11-year-old

The Indian Opinion

The court’s reduction of the sentence from 20 to 10 years is legally correct, the minimum term under POCSO was raised only in 2019, after this crime. Yet headlines risk feeding a lazy narrative that judges go soft on child abusers. The real story is the court’s sensible recognition that a rag-picking, homeless child cannot be cross-examined like a middle-class witness. Minor inconsistencies do not make a lie. The number to watch now is how many similar cases, where older laws applied, are pending and whether Parliament will ever make the higher minimum retrospective.


Sources (2): hindustantimes.com, timesofindia.indiatimes.com

This story was synthesised by AI from the 2 sources linked above.

Updated: this story now draws on 2 sources.

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