The Allahabad High Court reduced the sentence of a convict who forced a child to perform oral sex from 10 years to 7 years, stating that the crime committed is ‘less serious’. The high court clarified that inserting a penis into a child’s mouth comes in the category of ‘penetrative sexual assault’ which is punishable under Section 4 of the Protection of Children from Sexual Offences Act (POCSO) Act and not under Section 6 of the Act.
Justice Anil Kumar Ojha was examining whether putting penis into the mouth of the victim and discharging semen therein, will fall under the purview of Section 5/6 or Section 9/10 POCSO Act.
The court was hearing a plea filed by Sonu Kushwaha against a Special Sessions Court verdict convicting him under the Indian Penal Code’s Sections 377 (unnatural offences) and 506 (punishment for criminal intimidation), as well as Section 6 of the POCSO Act. The court had awarded him 10 years of imprisonment for the crime.
Law Beat reported the court saying, “…it is clear that offence committed by appellant neither falls under Section 5/6 of POCSO Act nor under Section 9(M) of POCSO Act because there is penetrative sexual assault in the present case as the appellant has put his penis into mouth of victim. Putting penis into mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into category of penetrative sexual assault which is punishable under Section 4 of POCSO Act.”
The appellant Kushwaha was accused of going to the complainant’s house and forcing the kid for performing oral sex in exchange for Rs 20. When the child returned home, his family inquired as to where he obtained the money from, upon being coerced that child narrated the ordeal.