Grabbing Breasts, Snapping Pyjama String Not Rape But…,Says Allahabad HC

The Allahabad High Court has ruled that grabbing the breasts of a minor and snapping her pyjama string does not amount to rape or an attempt to rape but constitutes serious sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The ruling came in a case involving the alleged sexual assault of an 11-year-old girl in Kasganj district.

A single-judge bench of Justice Ram Manohar Narayan Mishra modified the summons order issued by the Special Judge of the POCSO Court in Kasganj, stating that the initial charge of rape was legally incorrect. The court directed the accused to be tried under Section 9/10 of the POCSO Act (serious sexual assault) instead of Section 376 of the IPC (rape), along with Section 354-B IPC (assault or use of criminal force with intent to disrobe).

Case Background

The incident, which occurred in Kasganj, involved accused individuals identified as Pawan and Akash. According to the prosecution, the duo grabbed the victim’s breasts, snapped the string of her pyjama, and attempted to drag her under a culvert. However, a passerby intervened, causing the accused to flee the scene. The case was registered at Patiyali police station.

Initially, the Special POCSO Court summoned the accused under Section 376 of the IPC and Section 18 of the POCSO Act. However, the High Court ruled that the allegations did not amount to an attempt to rape but instead fell under the category of serious sexual assault.

Court’s Observations

While partially allowing the criminal revision petition, the High Court observed that the allegations against Pawan and Akash did not legally constitute an attempt to rape. The ruling stated, “The facts of the case do not make out the offence of attempt to rape. The accused fled the scene when a passerby intervened. While the actions were serious, they do not fulfill the legal criteria for attempted rape.”

Legal Implications

This ruling has sparked discussions on the interpretation of sexual offences under the POCSO Act and IPC. Legal experts suggest that while the charges have been downgraded, the case still involves serious sexual assault, which carries significant legal consequences.

The case is expected to proceed under the revised charges, with further hearings scheduled in the coming weeks. Authorities emphasize the need for strict implementation of child protection laws to ensure justice for victims of sexual offences.

(With ANI Inputs)

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