The Allahabad High Court ruled that actions such as grabbing the breasts of an 11-year-old victim, breaking her pyjama string, and attempting to drag her under a culvert do not constitute an attempt to rape. This decision has sparked significant controversy and debate regarding the interpretation of sexual assault laws. The case highlights ongoing concerns about the legal definitions surrounding sexual offenses against minors.
Prayagraj: The Allahabad High Court stated in a ruling that grabbing a victim’s breast and breaking her pyjama string would not amount to rape or an attempt to rape, but rather to aggravated sexual assault.
The case involved Pawan and Akash, who were accused of assaulting an 11-year-old girl in Kasganj, Uttar Pradesh, by grabbing her breasts, breaking her pyjama string, and attempting to drag her under a culvert.
The accused fled the scene after being interrupted by passers-by.
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The incident, which occurred in 2021, began when the accused offered the child a lift. Initially, the Kasganj trial court had directed that Pawan and Akash face charges under Section 376 of the Indian Penal Code for rape and Section 18 of the POCSO Act.
However, a bench led by Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that the accused should be tried under Section 354-B IPC (assault or use of criminal force with intent to disrobe) along with Sections 9/10 of the POCSO Act (aggravated sexual assault).
The bench stated,
“The allegations made against the accused, Pawan and Akash, and the facts of the case do not sufficiently constitute an offence of attempt to rape,”
“To establish a charge of attempt to rape, the prosecution must demonstrate that the actions went beyond mere preparation. The distinction between preparation and an actual attempt lies primarily in the higher degree of determination.”
Counsel for one of the defendants also contended that at the stage of framing charges, the trial court is not expected to thoroughly evaluate the evidence and materials gathered during the investigation.
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At this point, only a prima facie case needs to be established for the accused to stand trial.
The court noted,
“It is also not indicated by witnesses that, as a result of the accused’s actions, the victim was left naked or undressed. There is no claim that the accused attempted penetrative sexual assault against the victim.”
The judge concluded that there was no evidence suggesting that the accused were determined to commit rape.
The Court observed in its ruling,
“The specific allegation against Akash is that he attempted to drag the victim beneath the culvert and broke her pyjama string. Witnesses did not state that the victim got naked or undressed due to the accused’s actions, nor is there any allegation of an attempt at penetrative sexual assault against her,”
Regarding the third accused, Ashok, who is Pawan’s father, the allegation is that he abused and threatened the complainant when she approached him after the incident.
Consequently, Ashok has been summoned under Sections 504 and 506 of the Indian Penal Code.
Case Title : Akash & 2 Ors v State & 2 Ors.
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