Prayagraj, Uttar Pradesh, Nov 23, : , In an unprecedented decision, the Allahabad High Court has reduced the punishment imposed by Special Sessions Court to one Sonu Kuswaha for having oral sex (with a minor of 10 years) in place of Rs 20. Sonu Kushwaha was sentenced to seven years by Justice Anil Kumar Ojha, who ruled that his crime is “less severe”.
Justice Anil Kumar Ojha heard an appeal by Sonu Kuswaha to a Special Sessions Court verdict convicted him of unnatural offenses and punishment for criminal intimidation under Section 377 of the Indian Penal Code.Section 6 also applies to the POCSO Act.
It was found that the judgment did not include it in the scope of any of the sections.However, it can be punished under section 4 POCSO Act.
It is evident that the offence of appellant does not fall under either Section 5/6 or Section 9(M of POCSOAct because the case involves penetrative sexual abuse.The appellant placed his penis in the mouth of the victim.
The offense of putting penis in one’s mouth is not aggravated or serious sexual assault.The Court noted that it falls under the category of penetrative sex assault, which is punishable according to Section 4 of POCSO Act.”
Because ‘penetrative’ sexual assault under Section 4 was a lesser offence than Section 6, the Court reduced the appellant’s sentence to seven years rigorous prison and Rs 5,000 fine.
Sonu Kushwaha, the appellant was charged with going to the house of the complainant and taking his 10-year-old child along.
He demanded Rs 20 from the child and urged him to place his penis into his mouth in return.His family inquired about where the money came from when he returned to his home.
The child told the story of his ordeal after being forced to.The child claimed that Sonu Kushwaha threatened him with severe consequences if the truth was revealed.Sonu Kushwaha was later sued by the parents.
amita/dpb #Allahabad #considers #oral
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