Delhi court convicts man for ‘attempting’ to sexually assault boy in 2015 | Latest News India

New Delhi, A court here has convicted a man for “attempting” to commit unnatural sexual offence on a seven-year-old boy in 2015.

Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act.

In an order dated November 14, the court said, “It is observed that victim was the sole eyewitness of present incident and he is a reliable witness except one fact that as to whether accused just touched his private part at his back or hips or whether accused inserted his private part.”

It noted that there was an improvement in the victim’s testimony regarding the alleged sexual penetration.

“However based on the fact that the victim did not feel any pain and further the doctor did not observe any fact in the medical examination regarding penetration, it is held that the accused just touched his private part at the back or hips of the victim and it is an attempt to commit unnatural sexual offence and aggravated penetrative sexual assault,” the court said.

Noting the evidence before it, the court said that the prosecution had successfully proved its case against the accused.

“Accordingly accused is found to have committed the offence of attempt to commit unnatural sexual offence/ aggravated penetrative sexual assault, and also the offence of aggravated sexual assault,” the court said.

Distinguishing between committing an offence and attempting to commit an offence, the court said the erstwhile Code of Criminal Procedure provided that “when a person is charged with an offence, he may be convicted of an attempt to commit such offence, although the attempt is not separately charged”.

“Hence, the accused is found to have committed the offence of attempt to commit unnatural sexual offence and attempt to commit aggravated penetrative sexual assault,” it added.

The arguments on sentencing will be heard on a later date.

This article was generated from an automated news agency feed without modifications to text.