The Allahabad High Court has ruled that grabbing a victim’s breast and snapping her pyjama string do not meet the legal definition of rape or an attempt to rape, but should be considered as aggravated sexual assault. This decision came as the court reviewed the charges against two men, Pawan and Akash, accused of assaulting an 11-year-old girl in Uttar Pradesh’s Kasganj in 2021.
The incident occurred when the duo allegedly offered a lift to the girl, attempted to drag her beneath a culvert, and engaged in the aforementioned acts. Their actions were interrupted by passersby, which allowed the girl to escape, and the two were subsequently arrested.
Initially, the Kasganj trial court had directed that the accused be tried under Section 376 of the Indian Penal Code, which pertains to rape, and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act. However, the Allahabad High Court has now redirected that they should be tried under Section 354-B IPC, which deals with assault or use of criminal force with intent to disrobe, and Sections 9/10 of the POCSO Act, which pertain to aggravated sexual assault.
Furthermore, a third accused, Ashok—who is Pawan’s father—has been summoned under Sections 504 and 506 of the IPC, addressing intentional insult with intent to provoke breach of the peace and criminal intimidation, respectively. This follows allegations that he verbally abused and threatened the victim when she approached him after the incident.
The high court’s decision to modify the charges was based on the determination that the actions described did not constitute an attempt to rape, as the prosecution was unable to prove that the accused had moved beyond preparation to execution. The court noted, “In order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.”
The bench elaborated that the difference between preparation and attempt lies in the level of determination shown by the accused, and in this instance, there was insufficient evidence to suggest that the accused had the intent to commit rape. “There is no allegation that the accused tried to commit penetrative sexual assault against the victim,” the court order stated, further clarifying the specifics of the charges based on the actions and intentions attributed to the accused.
