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KEY TAKEAWAYS

  • In response to the recent case of sexual assault against a 10 year old minor boy, the Allahabad High Court has observed that oral sex with a minor is not considered to be aggravated sexual assault or sexual assault. It is rather considered to be a penetrative sexual assault which is a punishable offence under Section 4 of the POCSO Act.

DETAILS

  • Name of the Case : Sonu Kushwaha v. State of Uttar Pradesh
  • Foundation of the Case
  1. It was observed that the defendant came to the plaintiff”s house and took away his 10 years old son to a temple at Hardaul, thereafter he gave the 10 year old child Rs. 20 for the oral sex.
  2. Eventually, the plaintiff’s nephew Santosh asked the minor child where he got the 20 rupees from and thereafter the whole incident was revealed. The 10 year old child also mentioned how the defendant had threatened him to not disclose the details to anyone.
  3. After the 10 year old minor had disclosed the information, a complaint was filed against the defendant and a Special Sessions Court convicted the defendant under Section 377 and 506 of the IPC and Section 6 of the POCSO Act. Agitated by the order, the defendant moved the appeal before the High Court.

COURT PROCEEDINGS

  1. “Penetrative sexual assault being lesser offence from aggravated penetrative sexual assault is legally permissible to convict the defendant” , the High Court stated.
  2. Earlier, the trial Court had sentenced the defendant to a 10 years imprisonment and fine or Rupees 5,000.
  3. However, the High Court reduced the imprisonment to a period of 7 years, but retained the fine.
  4. “Putting penis into 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 POSCO Act.”A Single Judge Bench of Justice Anil Kumar Ojha of the High Court has said in a recent judgement.

QUESTIONS

  • What is the POCSO Act mainly concerned with ?
  • What is the difference between aggravated sexual assault and penetrative sexual assault ?

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