Oral sex with minor a ‘lesser’ offence, does not fall under category of aggravated sexual assault: Allahabad HC

By: |
November 24, 2021 12:23 PM

In the judgment, the court said the crime falls in the 'penetrative sexual assault' category which is punishable under Section 4 of the POCSO Act.

In the judgment, the court said the crime falls in the 'penetrative sexual assault' category which is punishable under Section 4 of the POCSO Act.

The Allahabad High Court has reduced the jail term of a man convicted of sexually assaulting a 10-year-old, observing that ‘oral sex’ with a minor does not come under the ‘aggravated sexual assault’ category in the Protection of Children from Sexual Offences (POCSO) Act.

In the judgment, the court said the crime falls in the ‘penetrative sexual assault’ category which is punishable under Section 4 of the POCSO Act.

While hearing a criminal appeal filed by the convict, Justice Anil Kumar Ojha, in his order, stated: “From the perusal of the provisions of the POCSO Act, it is clear that the offence committed by the appellant neither falls under Section 5/6 of the POCSO Act nor under Section 9(M) of the 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.”

While Section 4 of the POCSO Act deals with penetrative sexual assault, Sections 5 and 6 are about “aggravated penetrative sexual assault”.

In 2016, an FIR was filed in the Jhansi district against a man accusing him of having “oral sex” with the 10-year-old son of the complainant in exchange for Rs 20. The boy was also threatened with dire consequences if he told anybody about the incident.
Based on the FIR filed four days after the incident, a case was registered under Section 377 (carnal intercourse against the order of nature) and 506 (criminal intimidation) of the Indian Penal Code and section 3/4 of the POCSO Act.
The convict appealed against the 10-year jail term sentenced by an additional sessions judge/special Judge, POCSO Act, Jhansi. The Allahabad High Court partly allowed the appeal and sentenced the convict to seven years in jail instead of 10 years.

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