Man forces 10-yr-old boy into oral sex for Rs 20; Allahabad HC reduces jail term, says crime ‘less serious’

Allahabad High Court reduced convict Sonu Kushwaha’s punishment to seven years from 10 years and imposed a fine of Rs 5,000

Allahabad: A man named Sonu Kushwaha was produced in Allahabad High Court, on Tuesday, after he was found guilty of forcing a 10-year-old minor child to perform oral sex in exchange of Rs. 20. But, what was more alarming that the high court reduced the convict’s sentence, saying that the crime was “less serious”.

Reducing Kushwaha’s punishment to seven years from 10 years and imposing a fine of Rs 5,000, a single-judge bench of Justice Anil Kumar Ojha clarified that inserting a penis into a child’s mouth comes in the category of ‘penetrative sexual assault’ which is punishable under Section 4 of the Protection of Children from Sexual Offences Act (POCSO) Act and not under Section 6 of the Act.

The court was hearing an appeal filed by Sonu Kushwaha against a Special Sessions Court verdict convicting him under the Sections 377 (unnatural offences) and 506 (punishment for criminal intimidation) of the Indian Penal Code (IPC), as well as Section 6 of the POCSO Act.

The high court in its judgement today said the crime would not fall within the purview of either of the two sections, but is punishable under section 4 of the POCSO Act.

Justice Ojha was examining whether putting penis into the mouth of the victim and discharging semen therein, will fall under the purview of Section 5/6 or Section 9/10 POCSO Act.

According to a report, in 2016, a resident of Chirgaon, Jhansi district, Dev Singh had alleged that Kushwaha took his 10-year-old son to a temple in Uttar Pradesh’s Hardaul town and forced the minor to have oral sex. He also gave him Rs. 20. When the child returned home, his family inquired as to where he obtained the money from and he narrated the ordeal. The parents of the minor boy then rushed to police station to file a complaint against Sonu Kushwaha.

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first published:Nov. 23, 2021, 6:14 p.m.

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