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Oral sex with minor not ‘aggravated sexual assault’ a lesser offence under POCSO Act, says Allahabad High Court

pocso, allahabad high court, rape victim, Protection of Children from Sexual Offences, Oral sexObserving that ‘oral sex’ with a minor does not come under the ‘aggravated sexual assault’ category in the Protection of Children from Sexual Offences (POCSO) Act, the Allahabad High Court has reduced the jail term of a man convicted of sexually assaulting a 10-year-old boy from 10 years to seven years.

In 2016, an FIR had been filed in the Jhansi district against a man accusing him of having “oral sex” with the 10-year-old son of the complainant in exchange for Rs 20.

The special sessions court in Jhansi convicted Kushwaha under IPC Sections 377 (unnatural offences) and 506 (punishment for criminal intimidation), along with section 6 of the POCSO Act, 2012. However, the High Court held that the convict could not be charged under section 6 of the POCSO Act as the oral sex does not fall in the category of aggravated sexual assault or sexual assault.

“It comes into the category of penetrative sexual assault which is punishable under section 4 of POCSO Act and not Section 6 of the same law,” said the court.


 

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