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The Allahabad High Court, in a controversial ruling, has said that grabbing the breast of an 11-year-old and snapping her pyjama string does not constitute rape or an attempt to rape, but rather aggravated sexual assault under the POCSO Act.
The case pertains to a 2021 incident in Kasganj, where two men, Pawan and Akash, allegedly assaulted an 11-year-old girl. According to the prosecution, the accused offered the victim a lift, then attempted to drag her beneath a culvert while grabbing her breasts and breaking the string of her pyjama. The assault was interrupted when passers-by intervened, forcing the accused to flee.
Court Alters Charges, Cites Lack of “Attempt”
Initially, the Kasganj trial court had summoned the accused under Section 376 of the IPC (rape) and Section 18 of the POCSO Act (attempt to commit an offence under the Act). However, the accused challenged the charges in the Allahabad High Court.
Justice Ram Manohar Narayan Mishra, while partially allowing the criminal revision plea, ruled that the allegations “hardly constitute an offence of attempt to rape.” Instead, the court directed that they be tried under Section 354-B IPC (assault or use of criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
“In order to establish a charge of attempt to rape, the prosecution must prove that the act had gone beyond preparation and entered the stage of execution. The difference between preparation and an actual attempt to commit an offence consists chiefly in the greater degree of determination,” the court stated.
Justice Mishra further observed that there was “no material on record to infer that the accused intended rape.” The order emphasized that the victim was not fully undressed and there was no allegation of attempted penetrative sexual assault.
Senior Supreme Court advocate Indira Jaising slammed the verdict, calling it a “dangerous precedent.” She demanded suo motu intervention from the Supreme Court.
“This requires urgent attention by the Supreme Court. Judges have been pulled up for much less by the SC,” Jaising posted on X.
Former Delhi High Court judge Justice Mukta Gupta (Retd.) expressed concerns over the court’s narrow interpretation of sexual offences.
“Sexual violence against children must be addressed with the strictest possible legal provisions. The distinction between ‘attempt’ and ‘preparation’ cannot be used to undermine the gravity of such crimes,” she said.
Accused’s Family Also Under Scrutiny
In a related development, the father of one of the accused, Ashok, has also been summoned under Sections 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) of the IPC. The prosecution alleges that he abused and threatened the victim when she reported the assault.
Meanwhile, the victim’s family remains in distress, fearing delays in justice. “We want the harshest punishment for them,” the girl’s mother reportedly said.
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