Allahabad High Court Rules Grabbing Breasts Not Attempt to Rape
In a controversial judgment, the Allahabad High Court ruled that grabbing a woman’s breasts or snapping the string of her pyjamas does not constitute an attempt to rape. However, such acts can be categorized as aggravated sexual assault, a comparatively lesser charge under the law.
The case involved a minor girl from Uttar Pradesh’s Kasganj district, who was attacked in 2021 when she was just 11 years old. According to the prosecution, two men, Pawan and Akash, offered to give her a ride on their bike while she was walking with her mother. When she refused, they allegedly grabbed her breasts, tore her pyjama string, and tried to drag her under a culvert.
Hearing her screams, passers-by rushed to help, forcing the two men to flee.
Court Reduces Charges Against Accused
Initially, a trial court charged Pawan and Akash with rape and offenses under the POCSO (Protection of Children from Sexual Offences) Act. However, they challenged these charges in the Allahabad High Court. Justice Ram Manohar Narayan Mishra reviewed the case and modified the charges to “assault with intent to disrobe” and aggravated sexual assault under POCSO.
Difference Between Preparation and Attempt
The court emphasized the difference between preparation and an actual attempt to commit rape. It ruled that for an attempt to rape charge to stand, the prosecution must prove that the accused had moved beyond preparation and had the intention to commit rape.
Justice Mishra stated that the evidence did not support an attempt to rape charge, as there was no proof of intent or penetrative sexual assault. He also noted that although Akash tried to drag the victim under the culvert and broke her pyjama string, there was no indication that she was undressed or naked as a result.
Public Outrage and Legal Debate
The ruling has sparked significant public criticism, with many questioning the legal distinction made by the court. Several voices, including legal experts and activists, have called for the Supreme Court’s intervention, arguing that such decisions could set a dangerous precedent in sexual assault cases.
While the accused will still face charges under IPC Section 354(b) and POCSO, the reduction in charges has raised concerns about the legal interpretation of sexual violence against women and minors in India.
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