Uttar Pradesh : Oral sex with a child by paying 20 rupees is not a serious crime! Allahabad High Court reduced the punishment of the guilty
The Allahabad High Court, while hearing a case of oral sex with a child, did not treat the offense as ‘serious sexual assault’. The High Court has given this order while hearing against the sentence given by the lower court in a case of oral sex with a child. The court held such an offense punishable under section 4 of the POCSO Act. But 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.
The case against the appellant of the petition filed in the Allahabad High Court was that he came to the complainant’s house and took his 10-year-old son along. He had oral sex with her while giving her 20 rupees. According to the incident, Sonu Kushwaha had filed a criminal appeal in the Allahabad High Court against the judgment passed by the Additional Sessions Judge, Special Judge, POCSO Act, Jhansi. Kushwaha was held guilty in this.
Justice Anil Kumar Ojha pronounced this judgment on the appeal of Kushwaha. The sessions court had convicted him under sections 377 (unnatural offences) and 506 (punishment for criminal intimidation) of the Indian Penal Code and section 6 of the POCSO Act. The Allahabad High Court in its judgment made it clear that oral sex with a child comes under the category of ‘penetrative sexual assault’, which is punishable under section 4 of the Protection of Children from Sexual Offenses (PACSO) Act, but under section 6 of the Act. under no.
In such a situation, the court reduced the sentence given by the lower court to the appellant Sonu Kushwaha from 10 years to 7 years. The question before the court was whether oral sex with a minor and ejaculation would fall within the purview of section 5/6 or section 9/10 of the POCSO Act. The judgment said 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.
This crime has happened to a child, due to which it becomes serious in nature, there is no point in reducing the punishment, a wrong and condemnable decision.
