New Delhi: The Allahabad High Court has stated that the act of grabbing a victim’s breast and breaking her pyjama string does not amount to rape or an attempt to rape, but rather constitutes aggravated sexual assault. Pawan and Akash were accused of assaulting an 11-year-old girl in Kasganj, Uttar Pradesh, where they allegedly grabbed her breasts, broke her pyjama string, and attempted to drag her under a culvert. The accused fled the scene when bystanders intervened. This incident took place in 2021 after the accused had offered the child a ride.
Initially, Pawan and Akash were set to be tried under Section 376 of the Indian Penal Code for rape and Section 18 of the POCSO Act, as directed by the trial court in Kasganj. However, a bench led by Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that the charges should be modified to include Section 354-B IPC (assault or use of criminal force with the intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
The bench remarked, “The allegations against Pawan and Akash, along with the facts of the case, do not sufficiently support a charge of attempted rape. To establish such a charge, the prosecution must demonstrate that the actions exceeded mere preparation. The distinction between preparation and an actual attempt lies primarily in the level of determination exhibited.”
Additionally, the counsel for one of the defendants contended that during the charge-framing stage, the trial court is not required to meticulously evaluate the evidence and materials gathered during the investigation. At this point, the court’s role is to determine whether a prima facie case exists to proceed with the trial against the accused.
The court noted that witnesses did not indicate that the victim became naked or undressed as a result of the accused’s actions. Furthermore, there were no claims suggesting that the accused attempted to engage in penetrative sexual assault against the victim.
The judge determined that there was no evidence in the records to suggest that the accused had any intention to commit rape. “The specific accusation against Akash is that he attempted to pull the victim under the culvert and tore the string of her pyjamas. Witnesses have not stated that this act caused the victim to become naked or undressed, nor is there any allegation that the accused attempted penetrative sexual assault,” the court remarked in its ruling.
Regarding the third accused, Ashok, who is Pawan’s father, the allegation is that he verbally abused and threatened the complainant when she approached him after the incident. Consequently, Ashok has been summoned under Sections 504 and 506 of the Indian Penal Code.
