Prayagraj- The Allahabad High Court has ruled that grabbing the breast of an 11-year-old victim and breaking her pyjama string does not constitute rape or an attempt to rape, but falls under aggravated sexual assault. The court made the observation while hearing a case involving two accused, Pawan and Akash, who allegedly assaulted the minor in Uttar Pradesh’s Kasganj district in 2021.
According to the prosecution, the incident occurred when the accused offered a lift to the child and later attempted to drag her beneath a culvert. The accused fled after passers-by intervened. Initially, the trial court charged Pawan and Akash under Section 376 of the Indian Penal Code (IPC) for rape and Section 18 of the POCSO Act, which deals with the attempt to commit sexual offenses against minors.
However, Justice Ram Manohar Narayan Mishra revised the charges, directing that the accused be tried under Section 354-B of the IPC — assault or use of criminal force with intent to disrobe — along with Sections 9 and 10 of the POCSO Act, which address aggravated sexual assault.
“The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape. In order to bring out a charge of attempt to rape, the prosecution must establish that the act had gone beyond the stage of preparation,” the court stated.
The bench further noted that no evidence suggested the victim was undressed or that the accused attempted penetrative sexual assault. “The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjama. It is also not stated by witnesses that due to this act of the accused, the victim got naked or got undressed,” the order read.
Additionally, a third accused, Ashok — Pawan’s father — was charged under Sections 504 and 506 of the IPC for allegedly abusing and threatening the complainant when approached after the incident.
The ruling has sparked a fresh debate on the interpretation of sexual violence laws, with some questioning the court’s differentiation between attempted rape and aggravated sexual assault. The case will now proceed with the revised charges.
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