The court accepted the minor's testimony and medical evidence that proved the guilt of assaulter Amardeep Kujur, a Jharkhand native, saying the child's deposition was credible and trustworthy as he had identified the guard as the one who sodomized him.
"In my considered opinion, the nature of offence committed by the convict does not demand that he be released on probation. He has molested a child without parents and had shown no mercy on him.
The court rejected the defence taken by Amardeep Kujur that the victim was HIV positive and if the accused had sexually assaulted him, he would also had contacted HIV but his test report was negative.
"It is not necessary that if sex is done with a HIV positive person then the person doing so would essentially be transmitted HIV. Therefore, the arguments advanced by the defence in this regard has no merits at all and accused cannot be exonerated due to lack of forensic evidence," it said.
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The prosecution said the Child Welfare Committee had sent a letter to Shahbad Dairy Police Station in February 2013 stating that a report submitted by NGO Child Survival India had alleged that a 7-year-old boy was sexually abused and harassed by three minors of a Children Home in Alipur here.
While the child's father was in jail, his mother died of
When the minor was medically
Examined, he was found to be
HIV positive and handed over to Child Survival India which looked after the children affected by the virus.
During the trial, Amardeep claimed he had not sexually assaulted the victim.
Seeking leniency in sentence, the convict said he should be released on probation as he has already spend 28 months in jail during trial and his conduct was never questioned by the jail authorities.
"Concept of welfare and well being of children is basic for any civilised society and this has a direct bearing on the state of health and well-being of the entire community, its growth and development.