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The Allahabad High Court's observation that oral sex with a minor does not come under the 'aggravated sexual assault' category under the Pocso Act has sparked a row on social media.
The single-judge bench of Justice Anil Kumar Ojha reduced one Sonu Kushwaha's punishment from 10 years to 7 years. Sonu has been accused forcing a 10-year-old to perform oral sex.
A single-judge bench of the Allahabad High Court has partly allowed an appeal - which effectively lowers the sentence by three years - of a man convicted under the POCSO Act of sexual assault on a 10-year-old child.
The single-judge bench of Justice Anil Kumar Ojha reduced Sonu Kushwaha's punishment from 10 years to 7 years, observing that the crime committed by him is 'less serious'.
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, the court said.