Oral sex with child is less serious assault: HC

Ground Report | New Delhi: Oral sex with child; The Allahabad HC reduced the sentence imposed by the Special Sessions Court on Sonu Kushwaha, a convict, found guilty of performing oral sex with a minor under 10 years of age instead of 20 rupees. The single judge court of Judge Anil Kumar Ojha reduced Sonu Kushwaha's punishment from 10 to 7 years, noting that the crime committed by him is "less serious".

Judge Anil Kumar Ojha was hearing an appeal by Sonu Kushwaha against a verdict of the Special Sessions Court convicting him under Section 377 (unnatural offences) and 506 (punishment for criminal intimidation) of the Indian Penal Code, as well as Section 6 of the POCSO Act.

The court was examining whether putting the penis in the victim's mouth and dumping semen into it would be within the scope of Section 5/6 of Section 9/10 of the POCSO Act. The ruling said that it would not be within the scope of either section, but it is punishable under section 4 of the POCSO Act. (Oral sex with child)

"It is clear that the offense committed by the appellant is not included in Section 5/6 of the POCSO Act or in Section 9 (M) of the POCSO Act because there is penetrative sexual assault in the present case since the appellant has put his penis in the victim's mouth … Putting the penis in the mouth does not fall into the category of aggravated sexual assault or sexual assault. It falls into the category of penetrative sexual assault that is punishable under Section 4 of the Act POCSO, "the Court observed.

The Court reduced the appellant's sentence from 10 years of rigorous prison to 7 years, and a fine of 5,000 rupees, as' penetrative sexual assault 'under Section 4 is a' lesser offense 'than' penetrative sexual assault aggravated 'under Section 6.

Sonu Kushwaha had filed a criminal appeal at the Allahabad HC against the sentence of the Judge of Additional Sessions / Special Judge, POCSO Law, Jhansi, in which he was found guilty, convicted and sentenced to a rigorous prison term of 10 years.

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