Allahabad High Court states Oral sex with minor not ‘aggravated sexual assault’ under POCSO

The case is related to a 10-year0old minor victim from Jhansi who was forced to do oral sex by the accused.

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New Delhi: The Allahabad High Court reduced the jail time of an accused from 10 years to 7 years and stated that Oral sex with minors doesn’t fall under ‘aggravated sexual assault’ under the Protection of Children from Sexual Offences (POCSO) Act.

The case is related to a 10-year0old minor victim from Jhansi who was forced to do oral sex by the accused. The lower court had booked the accused under section 5/6 of the POCSO Act for ‘aggravated sexual assault’, although the high court stated that the act is based to ‘penetrative sexual assault’, thereby the case falls under section 4 of the POCSO Act giving the accused a jail time of 7 years.

A Jhansi lower court in 2018 convicted the man under Section 6 of the POCSO Act and Section 377 and 507 of the Indian Penal Code (IPC), and was sent for 10 years of imprisonment.

“From the perusal of the provisions of POCSO Act, 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,” Justice Anil Kumar Ojha observed.

The crime does not fall in the category of ‘aggravated sexual assault’ or sexual assault. It comes in the category of ‘penetrative sexual assault’ which is punishable under Section 4 of the POCSO Act, he said.

“After going through the records and provisions of POCSO Act, I am of the considered opinion that the appellant should be punished under section 4 of POCSO Act because the act done by appellant falls in the category of penetrative sexual assault,” the judge said. 

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