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Juvenile Charged For Sodomising Minor Inmate In 1997
Delhi court has acquitted a juvenile of the charge of sodomising a minor inmate at an observation home here in 1997 after the alleged victim went untraceable and could not be examined. Metropolitan Magistrate Pawan Kumar let off the juvenile while noting that the complainant was the only eyewitness who could have identified the accused and proved the alleged incident. The complainant was the only eyewitness who could have proved the act of unnatural sex committed by alleged person and was the only witness who could have identified the accused in the court. It is settled proposition that identification of the accused in the court is a substantive piece of evidence. The prosecution has failed to prove that the accused is the same person who had committed the act of unnatural sex against the complainant. Since, the complainant is not examined, therefore the prosecution failed to establish the allegation against the accused, the magistrate said. According to the prosecution, in February 1997, the accused juvenile had allegedly committed unnatural sexual offence with the complainant at the observation home at Majnu Ka Tila and had also threatened to kill him if he disclosed it to anyone. The accused juvenile was charged for the offences under sections 377 (unnatural sex) and 506 (criminal intimidation) of the IPC.