Saturday, November 27News That Matters

Allahabad High Court rules that oral sex with a minor is not ‘aggravated sexual assault,’ igniting a debate.

Allahabad High Court ruling that oral sex with a minor doesn’t fall under the Pocso Act’s ‘aggravated sexual assault’ category has triggered a debate on social media.

Several users on social media have critiqued the court’s decision, pointing to a previous Supreme Court order that stated that “skin-to-skin” contact was not required for a sexual assault offense under the Pocso Act.

The Allahabad High Court reduced a man’s sentence for sexually assaulting a 10-year-old boy on Wednesday.

“It is clear from a perusal of the provisions of the Pocso Act that the offense committed by the appellant does not fall under Section 5/6 of the Pocso Act nor Section 9(M) of the Pocso Act because there is ‘penetrative sexual assault’ in the present case,” Justice Anil Kumar Ojha noted.

The crime isn’t classified as “aggravated sexual assault” or “sexual assault.” According to him, it falls under the category of ‘penetrative sexual assault,’ which is punishable under Section 4 of the Pocso Act.

Earlier, a bench headed By justice UU Lalit, S Ravindra Bhat, and Bela Trivedi said that limiting the significance of “touch” to “skin-to-skin” contact would lead to “narrow and absurd interpretation” and defeat the Act’s intent of protecting children from sexual offenses.

“The definition of Pocso includes touching through clothes/sheets with sexual intent. Courts should not be overly concerned with finding ambiguity in words that are clear “According to the Supreme Court. The court went on to say that “narrow pedantic interpretation that would defeat the purpose of the provisions cannot be allowed.”

In 2016, a complaint was filed in the Jhansi district accusing a man of having “oral sex” with the complainant’s 10-year-old son in exchange for Rs 20. If the boy told anyone about the incident, he was threatened with dire consequences.

A case was filed under Sections 377 (carnal intercourse against the order of nature) and 506 (criminal intimidation) of the Indian Penal Code, as well as Section 3/4 of the Pocso Act, based on the FIR, filed four days after the incident.

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