SENTENCE OF MAN CONVICTED FOR FORCING KID TO HAVE ORAL SEX REDUCED

PRAYAGRAJ : While partly allowing the appeal of a man accused of forcing a child to have oral sex with him, the Allahabad high court held that such an act amounts to “penetrative sexual assault”, which is punishable under Section 4 of Pocso Act and not in the category of “aggravated sexual assault” as defined under Section 5 of the Act.

The court reduced the sentence of the convict to seven years from 10 years of rigorous imprisonment awarded by the trial court.

Justice Anil Kumar Ojha allowed the appeal filed by one Sonu Kushwaha of Jhansi who was found guilty by the trial court of forcing a child to have oral sex with him and offering the child Rs 20 for not telling anyone about the incident and also threatening him of dire consequences if he told anyone about it.

Sonu was found guilty and convicted by the trial court for “aggravated sexual assault” as defined under Section 5 of the Act and awarded 10 years’ rigorous imprisonment, as per punishment provided in Section 6 of Pocso Act and various other sections of the IPC.

The court, after hearing parties concerned, said that the offence committed by appellant does not fall under Section 5/6 of the Pocso Act because there was penetrative sexual assault in the case as the appellant had forced the victim to have oral sex with him. “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 committed by the appellant falls in the category of penetrative sexual assault,” said the court.

Section 5/6 of the Pocso Act defines ‘aggravated sexual assault’ which is for certain category of offenders like police, armed force personnel, health workers, etc when the offence is committed by such person in and around their work place.