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Oral sex is not a big offense; Allahabad High Court

The Allahabad High Court has ruled that oral sex with minors is not subject to Pocso law. The court observed that oral sex did not fall under the category of ‘serious sexual assault’ and reduced the sentence of the accused from 10 years to seven years in a case of sexual abuse of a 10-year-old boy. On November 20, a single bench of Justice Anil Kumar passed the order on a petition filed by Sonu Kushwaha challenging the Special Sessions Court order sentencing him to 10 years imprisonment.

Kushwaha was convicted by a special sessions court in Jhansi under sections 377 and 506 of the IPC, along with Section 6 of the Pocso Act 2012. However, the High Court had ruled that he could not be charged. Oral Sex does not fall under the category of serious sexual assault or sexual assault under Section 6 of the Pocso Act, ‘It falls under the category of attempted sexual assault, punishable under Section 4 of the Pox Act, not Section 6 of the same Act,’ the court said. In 2018, a man living in the Jhansi district of Uttar Pradesh alleged that Kushwaha forced his 10-year-old son to have ‘oral sex’ at a temple for Rs 20.


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