Supreme Court · 2023 INSC 603 · Decided 5 July 2023
State of U.P v. Sonu Kushwaha
- Court
- Supreme Court of India
- Citation
- 2023 INSC 603 · [2023] 10 S.C.R. 993
- Case number
- CRIMINAL APPEAL No. 1633/2023
- Decided
- 5 July 2023
- Bench
- ABHAY S. OKA, RAJESH BINDAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 5, 377, 506; POCSO Act Section 6, 5, 4, 8, 10
Headnote
Protection of Children from Sexual Offences Act, 2012: ss. 6, 5 clause (m) - Aggravated penetrative sexual assault - Punishment for - Prosecution case that accused had put his penis into mouth of the victim aged about 10 years and discharged semen - Conviction u/s. 377 and the POCSO Act, and sentenced accordingly - However, the High Court held that the act committed by the accused was of penetrative sexual assault punishable u/s. 4 and reduced the sentence - Correctness of - Held: Accused committed an offence of aggravated penetrative sexual
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)