NCPCR asks UP to appeal against Allahabad HC’s ‘oral sex with minor not assault’ order


The National Commission for Protection of Child Rights (NCPCR) on Wednesday urged the Uttar Pradesh government to file an appeal against an Allahabad High Court order reducing the sentence of a convict in a sexual assault case involving a minor.

In a decision that has sent shock waves all around, the Allahabad High Court had lowered the penalty imposed by the special sessions court on a person named Sonu Kushwaha, a convict, who was found guilty of having oral sex with a 10-year-old minor child in lieu of Rs 20.

The single-judge bench had reduced Sonu Kushwaha’s punishment from 10 years to 7 years, observing that the crime committed by him was ‘less serious’.

In a letter to the Chief Secretary of Uttar Pradesh, the NCPCR said, “The commission being monitoring body requests you to take necessary steps in the matter and file an urgent appeal against the judgement of the court.”

The letter further requested to provide details of the minor maintaining confidentiality to provide legal and other aid.

“It has been observed by the commission that the observations of the high court in the present matter for commutation of sentence of the accused from 10 years to seven years, and the offence from aggravated penetrative sexual assault (Sections 5 and 6) to penetrative sexual assault (Sections 3 and 4) seem to be not as per the letter and spirit of the POCSO Act, 2012,” the letter said.

The letter further added that the commutation of sentence is observed by the commission to be prejudicial to the justice delivered to the victim in this case, and the commission feels that such necessary steps in the matter to file an urgent appeal against the judgement must be taken by the state.


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