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Allahabad HC calls having oral sex with minor a 'lesser offence', reduces jail term of convict

The Allahabad High Court was hearing a case against Sonu Kushwaha, who was found guilty of having oral sex with a 10-year-old underage kid in exchange for Rs 20. 

Allahabad HC calls having oral sex with minor a lesser offence reduces jail term of convict gcw
Allahabad, First Published Nov 23, 2021, 9:08 PM IST
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The Allahabad High Court, in a controversial ruling that has caused a wave of outrage, has stated that having oral sex with a kid is a "lesser offence" and has reduced the sentence given by the Special Sessions Court on one Sonu Kushwaha, who was found guilty of the conduct. The convict's sentence was lowered from 10 years to 7 years by a single-judge court led by Justice Anil Kumar Ojha.

Sonu Kushwaha has filed an appeal against a Special Sessions Court judgement condemning him under Sections 377 (unnatural crimes) and 506 (the penalty for criminal intimidation) of the Indian Penal Code, as well as Section 6 of the POCSO Act. During the hearing, the Justice Ojha-led bench stated that the offence committed by the appellant does not fall under Section 5/6 of the POCSO Act because there is penetrative sexual assault in the present case as the appellant has put his penis into the victim's mouth.

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The court stated that inserting a penis into one's mouth does not constitute aggravated sexual assault or sexual assault. It falls under the definition of penetrative sexual assault, which is penalised under Section 4 of the POCSO Act. Following the ruling, the Allahabad High Court agreed to lower the appellant's sentence from 10 years to 7 years in jail and a fine of Rs 5,000. This judgement was made with the understanding that "penetrative sexual assault" under Section 4 is a "lesser offence" than "aggravated penetrative sexual assault" under Section 6.

Sonu Kushwaha, the accused, has gone to the complainant's residence and taken their 10-year-old child with him. He then persuaded the youngster to have oral sex with him in exchange for Rs 20. The boy returned home and told his parents about his incident, following which they filed a lawsuit against the guilty.

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