Allahabad High Court recently clarified that putting a penis inside the mouth of a child falls in the category of ‘penetrative sexual assault’ punishable under Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act) and not ‘aggravated penetrative sexual assault’ or ‘aggravated sexual assault’ punishable under Sections 6 and 10 respectively.
Considering it a ‘less serious’ offence, the bench reduced the sentence from 10 years of rigorous imprisonment to 7 years and a Rs 5000 fine. The child was made to perform oral sex for Rs 20.
A Special Sessions Court had convicted Sonu Kushwaha under Section 377 and Section 506 of the Indian Penal Code and Section 6 of the POCSO Act. The convict had filed a criminal appeal in the Allahabad HC against the judgment of the Additional Sessions Judge/Special Judge, POCSO Act, Jhansi.
After examining whether putting a penis into the mouth of a child and discharging semen therein will be covered under Section 5/6 or Section 9/10 of the POCSO Act, the court noted, “it is clear that offence committed by appellant neither falls under Section 5/6 of POCSO Act nor under Section 9(M) of POCSO Act because there is penetrative sexual assault in the present case as the appellant has put his penis into the mouth of the victim. Putting penis into mouth 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 the POCSO Act.”
As per the complaint filed, Sonu Kushwaha came to the complainant’s house and took his 10-year-old son with him to a temple. There, he gave him Rs 20 and asked him to suck his penis. Sonu had put his penis inside the mouth of the child and discharged semen therein. The incident came to parents’ notice when they inquired about the money.
