SRINAGAR: A trial court in Srinagar on Saturday convicted a man and sentenced him to three years imprisonment after he was held guilty for committing an unnatural act with eight year old boy in 2008.
The Court of Forest Magistrate Srinagar, Muhammad Rafiq Chak, awarded three years jail term to Manzoor Ahmad of Khumoh Srinagar after he was found guilty under section 377 of RPC for sodomy.
While announcing the punishment, court said, “That the prosecution has been able to prove the charges against accused. The statement of the minor child (victim) is so convincing and reliable that leaves no scope for the accused to question its reliability and credibility.”
In its detailed order, the court added that non-examination of investigating officer is not fatal as statements of the prosecution witnesses are convincing, reliable, regular and constant.
The court said, “Accused has failed to show that there was any animosity on the basis of which FIR was lodged against him. Defence witness has tried to convey that accused a conductor by profession was in Delhi at the time of commission of offence, but accused has at no point of time taken the plea of alibi.”
“The prosecution has proved its case beyond any doubt as a result of which accused is convicted under section 377/511 RPC and is sentenced to undergo simple imprisonment for the period of three years,” the court remarked.
The state was represented by prosecuting officer advocate Shaista Shah. As per case details, the accused on 23 October 2008 intercepted the victim (eight year old boy) when he was returning back to home after giving meals to his father. The accused committed unnatural act and paid Rs 10 to the victim.
The victim narrated the story to family after which his father lodged a complaint in police station Pantha Chowk.
Police took the cognizance of case and arrested the accused. The Challan was produced before the court after completion of investigation.