Tihar jail inmate convicted for sodomising fellow prisoner

"There can be no escape from the inevitable conclusion that the accused had committed carnal intercourse against the order of nature," metropolitan magistrate M P Singh said while convicting Sunil of Ward No 11 in Jail 9 for sodomising his cellmate Shahdab.

"The court holds that Sunil has committed offence punishable under this section (Section 377), he is accordingly convicted for the said offence," Singh said. The court is to pronounce the sentence against the convict next week. Conviction under Section 377 of the Indian Penal Code fetches up to life imprisonment along with fine.

Facing trial for administering poison to a person and lodged in the prison along with Sunil and Shahbaz, Shahdab had complained to jail authorities that Sunil had sodomised him on the night of November 9, 2008.

On Shadab's complaint, a sodomy case under Section 377 of the IPC was registered at Hari Nagar police station.

"The court comes to the conclusion that the prosecution has been able to prove the guilt of the accused Sunil beyond reasonable doubts for the offence under section 377 (unnatural offences) of IPC," the court said in its ruling. The court convicted Sunil despite variance in Shahdab's statement to the police and the court.

The magistrate said Shahdab was cross-examined by the defence counsel after more than six months of his earlier examination and during this time period, something must have transpired which prompted him to change his stand.

"It must be noted that the alleged act was committed by Sunil under the fear of threat by putting a blade on the cheek of Shahdab, as such it may not have been actually possible for the victim to put up a resistance," Singh said.