HC relief for man who killed his sexual predator
TIMES NEWS NETWORK
Chennai:3.11.2019
Coming to the rescue of a 20-year old man who killed a 63-year-old retired navy commander, for sexually exploiting him promising a job in the Army, the Madras high court has reduced his life imprisonment ordered by a trail court to eight years of simple imprisonment.
A division bench of Justices M M Sundresh and R M T Teekaa Raman clarified that the act of the accused cannot be termed murder since it was committed out of sudden provocation of repeated sexual abuse by the gay ex-serviceman.
“From the records available, the prosecution has not let in any evidence for premeditation of committing the crime by the accused. We find that the accused lost his control while committing the offence due to grave and sudden provocation,” the bench said.
The court then modified the trial court order dated September 29, 2016, convicting him for murder under section 302 of IPC to that of culpable homicide under section 304 (i) and reduced his sentence from life term to eight years of simple imprisonment.
According to the prosecution, Viswanathan was a retired commander in the navy. Since his wife and son are in the US, he was living alone in his residence at Erode. He was homosexual and habitually exploited young men by promising them jobs.
One such victim was the accused who holds a diploma in mechanical engineering and an aspiring soldier. Exploiting his desire to join the Army, Viswanathan promised to secure him a job in the force and sexually exploited him several times.
As Viswanathan made no efforts to get him a job, the young man grew suspicious and confronted him on why he was not making any effort. As the ex-serviceman failed to give a justifiable answer, the young man hit him on his head and neck with an iron rod, killing him instantly.
TIMES NEWS NETWORK
Chennai:3.11.2019
Coming to the rescue of a 20-year old man who killed a 63-year-old retired navy commander, for sexually exploiting him promising a job in the Army, the Madras high court has reduced his life imprisonment ordered by a trail court to eight years of simple imprisonment.
A division bench of Justices M M Sundresh and R M T Teekaa Raman clarified that the act of the accused cannot be termed murder since it was committed out of sudden provocation of repeated sexual abuse by the gay ex-serviceman.
“From the records available, the prosecution has not let in any evidence for premeditation of committing the crime by the accused. We find that the accused lost his control while committing the offence due to grave and sudden provocation,” the bench said.
The court then modified the trial court order dated September 29, 2016, convicting him for murder under section 302 of IPC to that of culpable homicide under section 304 (i) and reduced his sentence from life term to eight years of simple imprisonment.
According to the prosecution, Viswanathan was a retired commander in the navy. Since his wife and son are in the US, he was living alone in his residence at Erode. He was homosexual and habitually exploited young men by promising them jobs.
One such victim was the accused who holds a diploma in mechanical engineering and an aspiring soldier. Exploiting his desire to join the Army, Viswanathan promised to secure him a job in the force and sexually exploited him several times.
As Viswanathan made no efforts to get him a job, the young man grew suspicious and confronted him on why he was not making any effort. As the ex-serviceman failed to give a justifiable answer, the young man hit him on his head and neck with an iron rod, killing him instantly.
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