Allahabad High Court has recently ruled that grabbing the breasts of a girl, breaking the string of her pyjama and trying to drag her does not amount to charges of rape or an attempt to rape. Instead, the court asserted that these actions come under the prima facie offences of “aggravated sexual assault”.
A bench of Justice Ram Manohar Narayan Mishra modified an earlier trial court order that had summoned two accused, Pawan and Akash, under Section 376 (rape) of the Indian Penal Code and Section 18 (attempt to commit an offence) of the Prevention of Children from Sexual Offences (Pocso) Act, according to a LiveLaw report.
The High Court directed that the accused be tried under Section 354-B (assault or use of criminal force with intent to disrobe) of the IPC along with Sections 9 and 10 (aggravated sexual assault) of the Pocso Act.
The two accused allegedly grabbed the breasts of a girl, reportedly aged between 11 and 12 years. One of the accused, Akash, broke the string of her pyjama and attempted to drag her under a culvert. The accused fled the scene when passersby intervened.
Challenging the allegations, the accused argued before the High Court that the case did not amount to an attempt to rape and should, at best, fall under the provisions of Sections 354 and 354-B IPC, along with relevant sections of the Pocso Act.
The trial court had earlier invoked Section 376 IPC and Section 18 of the Pocso Act, citing the alleged attempt to commit penetrative sexual assault on the minor.
However, the High Court, after examining the material and witness statements, found no evidence indicating that the accused had gone beyond preparation and demonstrated determination to commit rape.
“The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjama. It is also not stated by witnesses that due to this act of the accused, the victim got naked or got undressed. There is no allegation that the accused tried to commit penetrative sexual assault against the victim,” LiveLaw quoted the High Court as saying.
