Allahabad: Reducing the term prison A man who was convicted for attacking a 10-year-old boy, the High Court of Allahabad had observed that ‘oral sex’ with underage children was not under the category of ‘sexual violence’ in the protection of children from violations Sexual (Pocso) acts.
In assessment, the court said the crime fell into the category of ‘sexual penetration’ which could be punished under Part 4 of the Pocso Law.
In 2016, a FIR has been put forward in Jhansi Regency against a man accusing the “oral sex” with a 10-year-old son of a complainant with RS 20.
The boy has also been threatened with terrible consequences if he told anyone about the incident .
Based on FIR filed four days after the incident, a case was registered under Section 377 (worldly association to natural sequence) and 506 (criminal intimidation) from the Criminal Procedure and Criminal Procedure and Part 3/4 of the Pocso Law.
Prisoners appealed to the term 10-year prison punished by additional session judges / special judges, Pocso Act, Jhansi.
The High Court of Allahabad partly allowed the attraction and sentenced the convict to seven years in prison, not 10 years.
“From Perusal The Pocso Law provisions, it is clear that the violations committed by the applicant are not under the section of 5/6 of Pocso Act or below Section 9 (M) Pocso law because there are ‘penetrative sexual attacks’ in the present case , “Judge Anil Kumar Ojha observed.
Crime is not included in the category of ‘sexual violence’ or sexual violence.
Appears in the category of ‘Sexual Penetrative Assault’ which can be punished under Section 4 Pocso Law, he 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 Section 4 Pocso Law because the actions taken by the applicant fell into the category of penetrative sexual violence,” said the judge.
Oral sex with minor not ‘sexual violence’ under Pocso: HC
