Prayagraj. The Allahabad High Court has given an important decision in the case of sexual harassment of a child. The High Court has not considered oral sex with a child as a very serious offence. The court held such an offense punishable under section 4 of the POCSO Act. Therefore, in such a case, punishment cannot be imposed under sections 6 and 10 of the POCSO Act. The sentence of 10 years imprisonment of the convict in the case has been reduced to seven years. Also imposed a fine of five thousand rupees.
Sonu Kushwaha challenged the decision of the Sessions Court in the High Court. Justice Anil Kumar Ojha pronounced the verdict on appeal against Kushwaha’s sentence. The sessions court had convicted him under sections 377 (unnatural offences) and 506 (punishment for criminal intimidation) of the Indian Penal Code and section 6 of the POCSO Act. The question before the court was whether oral sex with a minor would fall within 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 was punishable under section 4 of the POCSO Act.
The Allahabad High Court, in its judgment, clarified that oral sex with a child falls under the category of ‘serious sexual assault’, which is punishable under section 4 of the Protection of Children from Sexual Offenses (PACSO) Act, but the provisions of the Act Not under section 6.
As per the case, Sonu Kushwaha had filed a criminal appeal in the Allahabad High Court against the judgment passed by the Additional Sessions Judge/Special Judge, POCSO Act, Jhansi. Actually, the case against the appellant was that he came to the complainant’s house and took his 10 year old son along. Giving him 20 rupees made an oral relationship with her.
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