Oral Sex With Minor Not Aggravated Sexual Assault: Allahabad HC

New Delhi: Social media users are not at all pleased with the Allahabad High Court’s observation stating that oral sex with a minor does not come under the ‘aggravated sexual assault’ category under the Pocso Act.

On Wednesday, the Allahabad High Court reduced the jail term of a man convicted of sexually assaulting a 10-year-old boy.

“From the perusal of the provisions of the Pocso Act, it is clear that the offence committed by the appellant neither falls under Section 5/6 of the Pocso Act nor under Section 9(M) of the 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.

The case

In 2016, an FIR was filed in the Jhansi district against a man accusing him of having “oral sex” with the 10-year-old son of the complainant in exchange for Rs 20. The boy was also threatened with dire consequences if he told anybody about the incident.

Based on the FIR filed four days after the incident, a case was registered under Section 377 (carnal intercourse against the order of nature) and 506 (criminal intimidation) of the Indian Penal Code and section 3/4 of the Pocso Act.

The convict appealed against the 10-year jail term sentenced by an additional sessions judge/special Judge, Pocso Act, Jhansi. The Allahabad High Court partly allowed the appeal and sentenced the convict to seven years in jail instead of 10 years.