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Oral Sex With Minor Not ‘Aggravated Sexual Assault’: Allahabad HC

While dealing with the appeal of a POCSO convict, accused of committing oral sex with a 10-year-old boy, the Allahabad High Court recently observed that putting the penis into the mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into the category of penetrative sexual assault which is punishable under Section 4 of the POCSO Act. It is important to note that the Court, in its order, didn't take into account Section 5 (m) of the POCSO Act, which stipulates that if the offence of 'penetrative sexual assault' on a child, who is below the age of twelve years, the same would be punishable with the offence of 'aggravated penetrative sexual assault' as per Section 6 of the Act. It may be noted that since 'penetrative sexual assault' under Sect...

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