A Delhi court has set aside the two-year jail term awarded to a man for sodomising a child in 1999, while observing that he faced trial for 17 years and prosecution could not show his involvement in similar offences to indicate any proclivity towards sexually deviant behaviour.
District and Sessions Judge Asha Menon set aside the magisterial court order while observing, "Though there can be no disagreement with the observation of trial court that the offence of sexual abuse of children are heinous and cannot be viewed lightly, equally the issue of reformation cannot also be overlooked."
The court's order came on the appeal filed by south east Delhi resident Dharmender, guilty of the offence of sodomy under section 377 of the IPC, against the conviction and sentence awarded to him in 2015.
"From the report of the Probation Officer, it appears that after this unfortunate incident, the appellant has moved on a straight path and has been discharging his duties responsibly and taking care of his family, minding his job and keeping cordial relations with the neighbours.
"The prosecution has not pointed out to his any other involvement in similar offences to indicate any proclivity towards sexually deviant behaviour," the sessions court said.
The court also noted that during the pendency of this case for the last about 17 years, if the convict has managed to live a life within the parameters of law, "there appears no reason not to grant him the benefit of probation at this stage as the appellant would be open to punishment and it is not as if there is complete exoneration from the crime."
"In these circumstances, the sentence so far as it relates to the sentence of imprisonment for two years is set aside...
"The appellant be released on probation on furnishing personal bond and a surety of Rs 30,000 each with undertaking to keep good behaviour and peace and be not involved in any criminal or illegal activity for a period of two years from the date of this order."
As per the probation officer's report, the convict was an MCD driver living with a widowed mother, wife and two kids.
The court, while releasing him on probation, noted that his neighbours have given reports that he is well behaved.
"The probation officer has also got the report of the police station that the appellant is not involved in any other criminal activity since the year 1999.
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