Prayagraj: Allahabad High Court has argued that oral sex with a small number for “penetrative sexual attacks” below Part 4 Pocso Law, but cannot be treated as “external penetration sexual attacks” that invite more stringent punishment under Part 6 from the same legal section.
In making this observation, the court reduced the term prison of a man who was convicted for forcing oral sex to children aged 10 to seven years.
Hearing the appeal filed by Sonu Kushwaha, who was punished by a Jhansi court, Judge Judge Anil Kumar Ojha said, “After going through the notes and provisions of the Pocso Law, I am from the opinion considered that the applicant must be punished under part 4 ..
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Because the actions taken by the applicant fell into the category of penetrative sexual violence.
“Kushwaha has offered Rs 20 to the victims to remain silent.
He threatened the child with a terrible consequence if anyone knew about what happened.
The court court said he was guilty of sexual attacks that were exacerbated, as defined by Part 5 of the Pocso Law, and sentenced him to 10 years in prison.
The High Court decided that violations could not be categorized under 5 and 6 laws as oral sex acts were not “exacerbated by penetrative sexual attacks”, as defined by law.
It is said that quantum penalties must be determined by Part 4 of the action rather than part 6.