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Oral Sex With 10-Yr-Old: Why Allahabad HC Was Wrong to Lower POCSO Sentence

Justice Anil Kumar Ojha misreads POCSO Act, fails to classify offence correctly.

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Edited By :Saundarya Talwar

In a controversial recent judgment, the Allahabad High Court reduced the sentence handed down to a man convicted of forcing a child to perform an oral sex act, because of a clearly incorrect application of the Protection of Children from Sexual Offences (POCSO) Act.

The high court was hearing an appeal by one Sonu Kushwaha against the judgment of a special POCSO court, which had convicted him under Section 6 of the POCSO Act (ie for 'aggravated penetrative sexual assault'), as well as Sections 377 (unnatural sexual offences), and 506 of the Indian Penal Code.

[Trigger Warning: Child sexual assault]

In March 2016, Kushwaha had taken a boy aged around 10 years to a temple, given him Rs 20 and forced him to perform oral sex on him. When the boy told his family about the incident, his father filed a complaint, leading to Kushwaha's arrest and prosecution.

Edited By :Saundarya Talwar
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