Social Issues

Forced Oral Sex with child is a ‘Lesser Offence’ : Allahabad High Court

Reduced jail sentence for the convict!

The punishment for cases of sexual abuse, harassments, assault, etc. is always subject to the particular case, even though they should all come under a very serious punishable category. In a recent, the Allahabad High Court has shockingly reduced the sentence of a perpetrator in case of oral sexual assault. 

A Jhansi man was convicted in 2016 for forcing a 10-year-old child to have oral sex with him. He was convicted ruling that such an act amounts to “penetrative sexual assault” under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act and not in the category of “aggravated penetrative sexual assault” defined under Section 6 of the Act.

This is not only sexual assault but also child sexual abuse. The Allahabad High Court has however reduced the sentence of this convict. The sentence has been reduced from 10 years to 7 years by Justice Anil Kumar Ojha of the Allahabad High Court. 

“After going through the records and provisions of POCSO Act, I am of the considered opinion that the appellant should be punished under Section 4 of POCSO Act because the act done by appellant falls in the category of penetrative sexual assault. Penetrative sexual assault being lesser offence from aggravated penetrative sexual assault is legally permissible to convict the appellant therein,” justice Ojha ruled.

The reason given by the high court was that the Trial court sentenced the convict to minimum 10 years of prison under Section 6 of the act. But, under Section 4, the minimum sentence is 7 years. The maximum sentence under section 4 is life imprisonment for the convict. 

According to the boy’s father, the convict Sonu Kushwaha came to the victim’s house and took the victim outside telling the family that he was taking him to the temple. He then offered Rs. 20 to the child in exchange for oral sex. When the Child returned home with Rs. 20 the family questioned how he got the money and the child revealed that he was abused.

The Trial court ruled that the case does not fall under Section 5 or 6 of the POCSO Act as there was no ‘aggravated penetrative sexual assault’ and because the convict only forced the victim for Oral sex. 

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