The Allahabad High Court has ruled that actions such as grabbing a girl’s breasts or snapping the string of her pyjama do not amount to rape or an attempt to rape but fall under the offence of aggravated sexual assault.
The case dates back to 2021, when an 11-year-old girl in Kasganj, Uttar Pradesh, was attacked by two men, Pawan and Akash. According to the prosecution, the men offered her a ride on their bike while she was walking with her mother. They allegedly grabbed her breasts, pulled at her pyjama string, and tried to drag her under a culvert. Passers-by rushed to help after hearing her screams, forcing the accused to flee.
Initially, a trial court summoned the accused on charges of rape and under the Protection of Children from Sexual Offences (POCSO) Act. However, on appeal, Justice Ram Manohar Narayan Mishra of the Allahabad High Court altered the charges to assault with intent to disrobe under Section 354(b) of the IPC and aggravated sexual assault under Section 9 of the POCSO Act.
Court’s Observations
Justice Mishra clarified that the alleged acts fell short of an “attempt to rape” because the prosecution failed to prove that the accused had gone beyond the stage of preparation. He stated:
- The allegations did not suggest any intent of penetrative sexual assault.
- Witnesses did not report that the victim was undressed or made naked due to the assault.
- There was no evidence that the accused had determined to commit rape.
The court stressed the legal distinction between preparation and an actual attempt, noting that an attempt requires a higher degree of determination.
As a result, the accused will face charges of aggravated sexual assault under Section 9 of POCSO, which applies to offences committed against children below 12 years of age, along with Section 354(b) IPC for assault or criminal force with intent to disrobe.
The ruling has drawn sharp criticism and calls for Supreme Court intervention, with many arguing that the judgment downplays the seriousness of sexual violence against minors.
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