38.6c New Delhi, India, Tuesday, June 18, 2024
Judiciary

'Oral Sex with 10-Yr-Old Boy Not an 'Aggravated Sexual Assault' but 'Penetrative Sexual Assault' Under POCSO Act': Allahabad High Court

By Anurupa Biswas      26 November, 2021 11:27 AM      0 Comments
'Oral Sex with 10-Yr-Old Boy Not an 'Aggravated Sexual Assault' but 'Penetrative Sexual Assault' Under POCSO Act': Allahabad High Court

The Allahabad HC recently observed that putting the penis into the mouth of a 10-year-old boy does not fall into the case of aggravated sexual assault. It comes into the category of penetrative sexual assault which is punishable under Section 4 of the Protection of  Children from Sexual Offences (POCSO) Act, 2012.

The bench of Justice Anil Kumar Ojha observed that the act of falls under category of ‘penetrative’ sexual assault punishable under Section 4 of the POCSO Act 2012. 

Importantly, it may be noted that Section 5 of the POCSO Act, 2012 outlines the scope of 'aggravated penetrative sexual assault', which the court observed, wasn’t applicable in the current case.

BACKGROUND

The Court was adjudicating an appeal moved by one Sonu Kushwaha against a judgment of the Special Sessions Court which had convicted him under Section 377 (unnatural offences) and Section 506 (punishment for criminal intimidation) of the Indian Penal Code, and under Section 6 of the POCSO Act, 2012.

It was alleged that the appellant had come into the house of the complainant and had taken his 10-year-old son to a temple at Hardaul, where he gave ₹20 to the appellant's son and directed him to suck his penis. The complainant’s nephew, Santosh asked him where he had gotten the money from, after which the victim revealed the entire incident.

Thereafter, a complaint was lodged against the appellant and a Special Sessions Court convicted the appellant under Sections 377 and 506 of the IPC and Section 6 of the POCSO Act, 2021. Aggrieved by the order, the appellant moved the instant appeal before the High Court.

OBSERVATION

The Court, in its order observed that the offence committed by the appellant neither falls under Section 5/6 of the POCSO Act nor under Section 9(M) of the Act because there is penetrative sexual assault in the present case as the appellant has put his penis into the mouth of the victim.

It may be noted that since 'penetrative sexual assault' under Section 4 is a lesser offence than 'aggravated penetrative sexual assault' under Section 6, the Court reduced the sentence of the appellant from 10 years of rigorous imprisonment to 7 years, and further imposed a fine of rupees 5,000. 



Share this article:



Leave a feedback about this
TRENDING NEWS

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM

TOP STORIES

bjp-workers-stabbed-near-village-masjid-for-celebrating-pm-narendra-modis-victory-by-raising-bharat-mata-ki-jai-slogan
Trending Crime, Police And Law
BJP workers stabbed near village Masjid, for celebrating PM Narendra Modi's victory by raising 'Bharat Mata ki Jai slogan'

BJP workers stabbed near village Masjid in Karnataka for celebrating Narendra Modi's third term as PM.

12 June, 2024 12:11 PM
meghwal-assumes-charge-as-minister-of-state-ind-in-law-and-justice-ministry
Trending Executive
Meghwal assumes charge as Minister of State (Ind) in Law & Justice Ministry

Arjun Ram Meghwal assumes charge as Minister of State (Independent Charge) for Law & Justice, focusing on speedy justice and awareness of new criminal laws.

12 June, 2024 12:39 PM
allahabad-high-court-quashes-fir-grants-protection-to-adult-couple-who-married-against-familys-wishes
Trending Judiciary
Allahabad High Court quashes FIR, grants protection to adult couple who married against family’s wishes [Read Order]

Allahabad High Court quashes FIR, protects couple who married against family’s wishes, emphasizing their constitutional rights and condemning threats to their lives.

12 June, 2024 02:00 PM
inform-on-action-taken-against-tanker-mafia-sc-asks-delhi-govt-on-water-crisis
Trending Judiciary
'Inform on action taken against tanker mafia,' SC asks Delhi govt on water crisis

SC demands Delhi govt to explain action against tanker mafia amid water crisis, heatwave in the capital. Affidavit required on measures taken by June 13.

12 June, 2024 03:52 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email