ORAL SEX BY A MINOR IS A LESSER OFFENCE THAN AGGRAVATED PENETRATIVE SEXUAL ASSAULT - ALLAHABAD HC

Recently the Allahabad High Court reduced the penalty imposed on one Sonu Kushwaha, who was found guilty of having oral sex with a 10-year-old minor child. 

Justice Anil Kumar Ojha reduced the sentence while observing that crime committed by the convict is 'less serious.'

The Allahabad HC was hearing an appeal filed by Sonu Kushwaha against the decision of a Special Sessions Court - convicting him under section 377 (unnatural offenses) and 506 (punishment for criminal intimidation) of the Indian Penal Code and section 5/6 (aggravated penetrative sexual assault) of the POCSO Act. 

FACTS

In March 2016, the appellant/convict took the 10-year-old to a temple and forced him to give oral sex in exchange for Rs 20. Sonu Kushwaha threatened the child if he revealed anything. When the child returned home, his family inquired as to where he obtained 20 rupees. The child narrated the incident to his family, and subsequently, his parents filed a complaint against the appellant. 

ORDER

While upholding the special Court's decision, the HC observed that the offense committed by the convict does not fall under section 5/6 nor u/s 9 of the POCSO Act. The boy was forced to give oral sex, which comes under the category of penetrative sexual assault (section 4) and not under aggravated sexual assault (Section 6). And hence punishable u/s 4 of the Act. 

In view of the observation, the Court reduced the sentence from 10 years to 7 years of imprisonment since penetrative sexual assault is a lesser offense than aggravated penetrative sexual assault. 

Author: Papiha Ghoshal