The Allahabad High Court has ruled that grabbing a victim’s breast and breaking her pyjama string is not rape or attempted rape but a serious form of sexual assault.
In a 2021 case from Kasganj, Uttar Pradesh, two men, Pawan and Akash, were accused of grabbing the breast of an 11-year-old girl, breaking her pyjama string, and trying to drag her under a culvert. They ran away when some people saw them and intervened. The incident happened after the men offered the child a lift and then attacked her.
Pawan and Akash were initially set to face trial for rape under Section 376 of the Indian Penal Code (IPC) and Section 18 of the POCSO Act, as directed by the Kasganj trial court. However, Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that they should instead be tried under Section 354-B of the IPC (assault or use of force to undress) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
The Allahabad High Court stated that the allegations against Pawan and Akash do not qualify as an attempt to rape. It explained that for such a charge, the prosecution must prove that the act went beyond just preparation and showed a clear attempt to commit the crime.
The defence lawyer argued that during the framing of charges, the trial court should not deeply examine the evidence but only check if there is a prima facie case to proceed with the trial.
The Allahabad High Court also said that witnesses did not state that the victim became naked or undressed because of the accused’s actions. The court also said there was no claim that the accused tried to commit penetrative sexual assault.
The judge ruled that there was no evidence showing the accused had a clear intent to commit rape. The specific allegation against Akash was that he tried to drag the victim under a culvert and broke her pyjama string. However, witnesses did not say this act led to the victim being undressed.
Regarding the third accused, Ashok, who is Pawan’s father, the complaint states that when the victim’s family approached him after the incident, he abused and threatened them. Because of this, Ashok has been summoned under Sections 504 and 506 of the IPC (intentional insult and criminal intimidation).
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