‘Oral Sex With Minor Less Serious Offence’ Says Allahabad HC, Reduces Jail Term Of Convict

While listening to the appeal of one Sonu Kushwaha, a convict sentenced for pressurizing a 10-year-old minor to perform oral sex on him, the Allahabad High Court maintained that the crime is ‘less serious’. Kushwaha was earlier sentenced to 10 years of imprisonment by a special sessions court for forcing the kid to perform the task in exchange for Rs 20.

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The special court had convicted him under Section 377 (Unnatural offenses) and 506 (Punishment for criminal intimidation), as well as Section 6 of the POCSO Act. Challenging the court’s order, he appealed to the high court, reported Republic World.

However, on examining the case, a single bench of Justice Anil Kumar Ojha of the High Court not only claimed that the crime was less serious, but he also reduced his jail term to seven years.

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The Allahabad HC said, “It is clear that offense 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 a 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.”

The court added, “Penetrative sexual assault being [a] lesser offense from aggravated penetrative sexual assault is legally permissible to convict the appellant therein.”

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Back in 2018, a case was reportedly lodged against Kushwaha by the parents of the minor alleging that the accused took their 10-year-old son to a temple and forced him to have oral sex in lieu of Rs 20. The incident happened in Uttar Pradesh’s Hardaul town.

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