The Allahabad HC Saturday, November 20, lowered the penalty imposed by the Special Sessions Court on one Sonu Kushwaha, a convict, found guilty of conducting oral sex with a 10-year-old minor child in lieu of Rs 20. The single-judge bench of Justice Anil Kumar Ojha reduced Sonu Kushwaha’s punishment from 10 years to 7 years, observing that the crime committed by him is ‘less serious’.
The Allahabad High Court Saturday observed that putting a penis inside a child’s mouth is punishable as ‘penetrative sexual assault’ under Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act), rather than ‘aggravated penetrative sexual assault’ or ‘aggravated sexual assault’ under Sections 6 and 10 of the POCSO Act respectively.
Justice Anil Kumar Ojha was hearing an appeal 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 was examining whether putting the penis into the mouth of the victim and discharging semen therein, will fall under the purview of Section 5/6 or Section 9/10 of the POCSO Act. The judgment said that it would not fall within the purview of either of the two sections, but it is punishable under section 4 of the POCSO Act.
#allahabadhighcourt reduces sentence in a case where a child was made to perform oral sex for Rs. 20.
— LawBeat (@LawBeatInd) November 20, 2021
Court was examining whether putting penis into mouth of the victim and discharging semen therein, will fall under the purview of Section 5/6 or Section 9/10 of POCSO Act.#pocso pic.twitter.com/VNRobHI368
“…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 Court observed.
The Court reduced the sentence of the appellant from 10 years of rigorous imprisonment to 7 years, and a fine of Rs 5,000, since ‘penetrative sexual assault’ under Section 4 is a “lesser offence” than ‘aggravated penetrative sexual assault’ under Section 6.
Sonu Kushwaha had filed a criminal appeal in the Allahabad HC against the judgement of the Additional Sessions Judge/Special Judge, POCSO Act, Jhansi, in which he was found guilty, convicted and awarded rigorous imprisonment of 10 years.
The appellant Sonu Kushwaha was accused of going to the complainant’s house and taking the complainant’s 10-year-old kid with him. In exchange for Rs 20, urged him to put his penis in his mouth. When the child returned home, his family inquired as to where he obtained the money from. Upon being coerced that child narrated the ordeal. He said that Sonu Kushwaha had threatened him with dire consequences if he revealed the truth. The parents of the minor subsequently filed a complaint against Sonu Kushwaha.
The Special Sessions Court convicted Sonu Kushwaha under sections 377 and 506 of the IPC and section 6 of the POCSO Act.
