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Prayagraj: Allahabad High Court reduces 10 years of imprisonment to 7 years concluding that oral sex does not fall under penetrative sex under Section 4 of POSCO Act. The punishment years are reduced as oral sex can not be aggravated as penetrative sex offense for which POSCO Act, Section 6 defines stricter punishment.
In 2018, the lower court of Jhansi convicted 10 years of jail under the POSCO Act, Section 6, and another section of the Indian Penal Code. In 2016 the man assaulted a 10-year-old boy, threatened him for consequences if anyone got to know about the incident after giving him 20Rs. to keep quiet.
Convict Sonu Kushwaha appealed to the high court. The ruling came from the single bench of Allahabad High court Justice Anil Kumar Ojha. The judge said, “I am of the considered opinion that the appellant should be punished under section 4 of the POCSO Act because the act done by appellant falls in the category of penetrative sexual assault”, in his order- reports Times of India.