Relief from the High Court of Madras for the man who killed his sexual predator
CHENNAI: By rescuing a 20-year-old man who killed a 63-year-old retired navy commander, for sexually exploiting him and promising a job in the army, Madras' superior court has reduced life imprisonment ordered by a court of law . to eight years of simple prison.
A bank of the division of judges M M Sundresh and R M T Teekaa Raman clarified that the defendant's act cannot be described as murder, since it was committed by sudden provocation of repeated sexual abuse by the former homosexual military.
“Of the available records, the prosecution has not left any evidence of premeditation of committing the crime by the accused. We found that the defendant lost control while committing the crime due to a serious and sudden provocation, the bank said.
The court then amended the order of the trial court dated September 29, 2016, condemning him for murder under section 302 of the IPC for wrongful death under section 304 (i) and reduced his life sentence to eight years of simple prison.
According to the prosecution, Viswanathan was a retired commander of the navy. As his wife and son are in the United States, he lived alone in his residence in Erode. He was homosexual and usually exploited young men promising them work.
One of those victims was the defendant 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 exploited him sexually several times.
As Viswanathan made no effort to get him a job, the young man began to suspect and faced him why he was not making any effort. As the former military did not give a justifiable answer, the young man hit him on the head and neck with an iron bar, killing him instantly.
(The identity of the victim to protect their privacy has not been disclosed according to the directives of the Supreme Court on cases related to sexual assault)