Allahabad High Court: Snapping Pyjama String and Touching Minor’s Breasts Not Attempt to Rape
In a controversial ruling, the Allahabad High Court has said that actions such as grabbing a girl’s breasts or snapping her pyjama string do not amount to attempt to rape, but are instead considered aggravated sexual assault under the POCSO Act.
This judgment relates to a 2021 incident in Kasganj, Uttar Pradesh, where two men, Pawan and Akash, allegedly attacked an 11-year-old girl. The girl had been walking with her mother when the accused offered to drop her off on their bike. Later, they allegedly touched her inappropriately, snapped her pyjama string, and tried to drag her under a culvert.
Luckily, nearby people heard her screams and rushed to help, causing the accused to flee the scene.
Initially, a trial court charged them with attempted rape and other offences under the Protection of Children from Sexual Offences (POCSO) Act. However, when the accused challenged the charges, Justice Ram Manohar Narayan Mishra of the Allahabad High Court reduced the charges.
The Court ruled that the accused’s actions did not go beyond preparation and thus could not be classified as an attempt to rape.
“To prove attempt to rape, the act must go beyond just preparation. There should be clear intent and effort to complete the crime,” said Justice Mishra.
According to the Court, there was no evidence that the accused tried to commit penetrative sexual assault or that the victim was fully undressed due to their actions.
“The act of snapping the pyjama string and trying to drag the girl does not, by itself, prove rape attempt,” the Court noted.
Justice Mishra said that the correct legal charges should be:
- Section 354B of the IPC – Assault with the intent to disrobe a woman, and
- Section 9(m) of the POCSO Act – Aggravated sexual assault against a child under 12 years.
The Court also added that no solid proof showed the accused had decided to rape the girl. Since the evidence didn’t support the higher charges, they could only be tried for lesser but still serious offences.
This verdict has received strong criticism from legal experts and child protection activists, who say the interpretation weakens protections for minor victims and may set a dangerous precedent.
Case Highlights:
- Court: Allahabad High Court
- Year of Incident: 2021
- Location: Kasganj, Uttar Pradesh
- Victim: 11-year-old girl
- Accused: Pawan and Akash
- Charges Modified From: Attempt to rape under IPC and POCSO
- Charges Modified To: Section 354B IPC and Section 9(m) POCSO – Aggravated sexual assault
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