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Allahabad High Court Says Oral Sex With Minor Is Penetrative Sexual Assault Under POCSO

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We all have read and seen brutal and gruesome crimes taking place every now and then. And as far as I’m concerned, the worst type of crimes committed are the ones against women and children. Especially children. I mean, these are minors who’ve just entered the world and they are exploited by people with no sense of humanity. It hurts me to even write, think, and or talk about crimes against children. One of the recent crimes I came across is the one where a grown-up man directed a 10-year-old to suck his penis. And after a complaint was filed against the man, the Allahabad High Court observed that oral sex with a 10-year-old boy comes under penetrative sexual assault and not aggravated sexual assault, and is punishable under POCSO. Serves him right!

As per the reports, the accused man came to the minor’s father’s house and then took the boy to a temple in Hardul. It was there that the man gave the boy ₹20 and then directed him to suck his penis. After this, the accused man threatened the boy to not tell anyone about the incident. 

It was the father’s nephew named Santosh who had asked the minor boy as to where he got ₹20 from and it was then the boy revealed what happened. After which a complaint was lodged against the accuser and a Special Sessions Court convicted the man under Sections 377 and 506 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The accuser was aggrieved by the conviction and so he appealed before the Allahabad High Court. 

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The Allahabad High Court heard the case and observed that putting the penis into the mouth did not fall into the category of either aggravated sexual assault or sexual assault, rather it fell into the category of penetrative sexual assault which is punishable under Section 4 of the POCSO Act. 

The bench of the Allahabad High Court that was dealing with the case consisted of Justice Anil Kumar Ojha. It was him who stated, “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 a penis into the 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 POCSO Act.”

Also Read: Couples In Live-In Relationships Must Not Be Harassed, Rules Allahabad HC. Some Relief Finally

It relieves me and makes me happy to know that the Allahabad High Court observed that the man who committed the assault on a 10-year-old boy should be punished. It hurts me to know that the minor boy had to go through it, to begin with, because some man couldn’t keep it in his pants. Literally.

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