A Delhi court has convicted a man, accused of sexually assaulting a person 19 years ago and inflicting wounds with sharp edged weapon, under Section 377, according to a PTI News report.
Noting that the victims testimony remained “unshaken” during cross-examination even after 16 years, Magistrate Kapil Kumar held the accused guilty and said, “The unshaken testimony of prosecution witness three (victim) read with the testimony of prosecution witness two (doctor) and the medical report proves on record that the accused committed carnal intercourse against the order of nature with the victim.”
The court dismissed the argument of the defense counsel that forensic reports showed no “sodomy” had been committed, telling that penetration is sufficient grounds under Section 377 to constitute carnal intercourse.
The case goes back to August 22, 1997 when the accused had sexually assaulted the victim at the basement of a shop near Azad Pur in Delhi. A few days prior to the assault, the victim was also beaten up by the accused for allegedly stealing 30 cartons of Mangoes.
The court has reserved the final verdict on the punishment.