Allahabad HC reduces jail term of convict guilty of forcing minor to perform oral sex

The Allahabad High Court on November 20 reduced the sentence and penalty imposed by the Special Sessions court on a convict, Sonu Kushwaha, who is guilty of coercing a 10-year-old minor to perform oral sex in lieu of Rs 20. Stating that the crime committed is 'less serious' in nature, Allahabad HC lowered Kushwaha's punishment from 10 years to 7 years.

A single bench of Justice Anil Kumar Ojha was examining whether inserting the penis into the mouth of the victim and discharging semen therein, will fall under the purview of Section 5/6 (Whoever commits aggravated penetrative sexual assault) or Section 9/10 (Whoever commits sexual assault on a child below 12 years of age) of the Protection of Children from Sexual Offences (POCSO) Act.

The bench was hearing Kushwaha's appeal against an order convicting him under Section 377 (Unnatural offences) and 506 (Punishment for criminal intimidation), as well as Section 6 of the POCSO Act wherein he was awarded 10 years of imprisonment. 

Allahabad HC lowers punishment of convict guilty of performing oral sex on 10-year-old

The Allahabad HC observed that insertion of penis inside the mouth of a child is punishable as 'penetrative sexual assault' as provided under Section 4 of the POCSO Act and not 'aggravated penetrative sexual assault' or 'aggravated sexual assault' under Section 6 and Section 10 of the Act respectively.

The Allahabad HC orally observed, "...it is clear that offence committed by appellant neither falls under Section 5/6 of POCSO Act nor under Section 9(M) of POCSO Act because there is penetrative sexual assault in the present case as the appellant has put his penis into the mouth of the victim. Putting penis into the mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into the category of penetrative sexual assault which is punishable under Section 4 of the POCSO Act."

Facts of case

It was submitted before the court that appellant Kushwaha barged into the complainant's house coercing the minor to perform unnatural/oral sex in exchange for Rs 20. The family lodged a complaint with local police after the ward narrated the ordeal to his family, upon being questioned about the money he obtained.

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