Allahabad: Hearing a case of oral sex with a child, the Allahabad High Court refused to treat the insertion of a penis in the mouth as 'serious sexual assault'. The court held it punishable under Section 4 of the POCSO Act. However, the court also said that the act is not an aggravated penetrative sexual assault or a serious sexual assault. Therefore, punishment cannot be imposed under Sections 6 and 10 of the POCSO Act in such a case. The High Court reduced the sentence of the convict in the case from 10 to 7 years. He was also fined 5,000 rupees. In fact, Sonu Kushwaha had challenged the sessions court's decision in the high court. Justice Anil Kumar Ojha pronounced the verdict on Kushwaha's appeal. The sessions court found him guilty under Section 377 (Unnatural Offences) of IPC and Section 506 (Punishment for Criminal Intimidation) and Section 6 of the POCSO Act. The question before the court was whether putting a penis in the mouth of the minor and releasing semen will come under Section 5/6 or Section 9/10 of the POCSO Act.

The court's verdict said it would not come under either of the two sections, but it is punishable under Section 4 of the POCSO Act. In its judgement, the Allahabad High Court in its judgement dated November 20, 2021, clarified that putting a penis in a child's mouth falls under the category of 'penetrative sexual assault', which is an offence punishable under Section 4 of the Protection of Children from Sexual Offences Act (POCSO) Act, but cannot be punished under Section 6 of the Act. Therefore, a bench of Justice Anil Kumar Ojha reduced the sentence granted by the lower court to appellant Sonu Kushwaha from 10 years to 7 years. Sonu Kushwaha has been additional sessions judge/judge. Sonu Kushwaha had filed a criminal appeal in the Allahabad High Court against the judgment passed by the Additional Sessions Judge/Special Judge, POCSO Act, Jhansi, under which Kushwaha was found guilty.

The case against the appellant was that he came to the complainant's house and took his 10-year-old son with him. The accused had given Rs 20 to the child and asked him to take his penis in the mouth. When the child returned home and was asked from where did he get this money, he told the whole story and said that Sonu Kushwaha had threatened him not to tell anyone about it. According to the report, the Special Sessions Court had found Sonu Kushwaha guilty under Sections 377 and 506 of the IPC and Section 6 of the POCSO Act.

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