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Sunday, July 10, 2011
INDIAN LEGAL ANAMOLY: Court stumbles upon 'interesting anomaly' in law on sodomy!
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A sessions court has wondered as to why the penal offence of sodomy, entailing sentence up to life imprisonment should be triable by a magisterial court which can award a jail term of only up to three years.
Additional Sessions Judge Manoj Jain stumbled upon this interesting legal anomaly in criminal law relating to the penal offence of unnatural sexual offences under section 377 of the Indian Penal Code, while reviewing a magisterial court's judgement in a case of sodomy.
"Sec 377 of the IPC (unnatural offences) is triable by the court of magistrate and any magistrate has the power to award sentence only up to three years.
Sec 377 of the IPC provides sentence up to life. Why to make such offence triable by magistrate when sentence is so severe?," ASJ Jain wondered, while deciding a case of attempted sodomy on a minor.
The sessions court's observations came in its judgement over the appeal of a 28-year-old man who had been sentenced to three years and six months in jail by a court of additional chief metropolitan magistrate for attempting to sodomise his minor neighbour.
I hope the Law Ministry would bring in an amendment to rectify this legal anomaly, soon!