HC upholds conviction for sodomy of mentally challenged man

The Bombay High Court Thursday upheld the conviction in a case of sodomy where the survivor was a 32-year-old mentally challenged man.

Justice Mridula Bhatkar dismissed the appeal filed by Ramchandra Yadav, sentenced by a trial court to seven years in prison under IPC section 377 (unnatural sex).

The high court said it cannot take a lenient view of the offence.

"It is an offence of unnatural sexual intercourse with a person having mild mental retardation with less IQ who in fact requires to be given more protection by the society," Justice Bhatkar said.

The court also praised the survivor's parents.

"The victim, though mentally ill, had confidence in his parents and for that credit is to be given to his parents, who could successfully develop that confidence and (had) open dialogue with their mentally ill son," the court said.

"The accused, after committing the act, introduced the victim to his brother and told the victim that you will satisfy the lust of my brother also. The accused knew the victim well prior to the incident and therefore, by taking advantage of the mental condition of the victim, raped him," the court noted.

According to the prosecution, Yadav raped the 32-year-old man on June 24, 2012 after calling him to his office.

After returning home, the survivor told his parents about the incident, who approached police.