Oral sex with a minor is not a serious crime. The Allahabad High Court gave this decision while hearing a case of oral sex with a minor, not considering oral sex as a 'serious offence'. The Allahabad High Court has also reduced the sentence given by the lower court in a case of oral sex with a child.
The court considered such an offence punishable under section 4 of the POCSO Act. Allahabad High Court said that this act is not aggravated penetrative sexual assault or serious sexual assault. Therefore, in such a case, punishment cannot be imposed under sections 6 and 10 of the POCSO Act.
Hearing a case of oral sex with a minor, the High Court reduced the sentence of the convict from 10 years to 7 years, and also imposed a fine of Rs 5000 on him. Sonu Kushwaha challenged the decision of the Sessions Court in the High Court. Justice Anil Kumar Ojha pronounced this decision on the appeal of Sonu Kushwaha.
The sessions court had convicted him under sections 377 (unnatural sex offences) and 506 (punishment for criminal intimidation) of the Indian Penal Code and section 6 of the POCSO Act. The question before the court was whether putting a penis in the mouth of a minor and dropping semen would come under the purview of section 5/6 or section 9/10 of the POCSO Act. It was said in the judgment that it would not come under the purview of either of the two sections. But it is punishable under section 4 of the POCSO Act.
The High Court, in its judgment, clarified that insertion of a penis into the mouth of a child comes under the category of 'penetrative sexual assault', which is punishable under section 4 of the Protection of Children from Sexual Offenses (POCSO) Act, but under section 4 of the Act, not under 6. Therefore, the court reduced the sentence awarded by the lower court to the appellant Sonu Kushwaha from 10 years to 7 years.
The appellant was alleged to have come to the complainant's house and taken his 10-year-old son along. Had oral sex with him while giving him 20 rupees. Sonu Kushwaha had filed a criminal appeal in the Allahabad High Court against the decision passed by the Additional Sessions Judge/Special Judge, POCSO Act, Jhansi in which Kushwaha was convicted.
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