'Grabbing minor's breast not rape attempt but...': Allahabad High Court
What's the story
The Allahabad HC has redefined charges against two men in a sexual assault case.
The court said their actions—groping the victim and trying to pull her under a culvert—don't constitute rape or attempted rape.
The two have been charged instead for aggravated sexual assault under Section 354-B IPC and Sections 9/10 of the POCSO Act.
Initially, the accused were booked under Section 376 IPC (Rape) and Section 18 of the POCSO Act.
Case details
Initial charges and court's reasoning
However, Justice Ram Manohar Narayan Mishra noted the charges didn't match the facts.
"The allegations leveled against the accused Pawan and Akash and facts of the case hardly constitute an offense of attempt to rape....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 difference between preparation and actual attempt to commit an offense consists chiefly in the greater degree of determination," the bench said.
Incident
Incident details and initial trial court's ruling
The crime took place in Kasganj, Uttar Pradesh in 2021, when the accused offered a lift to the 11-year-old victim.
They groped her breasts, broke her pajama string, and attempted to drag her under a culvert.
However, because of the interference of passersby/witnesses, the accused fled the scene, leaving the victim behind.
The trial court initially held that these amounted to an attempt at rape or penetrative sexual assault under the POCSO Act and issued summons.
Legal proceedings
Accused challenge summoning order in HC
The accused then approached the HC against the trial court's summoning order.
Their counsel argued that even if the complaint is taken at face value, no offense under Section 376 IPC was made out.
This case, he contended, doesn't go beyond Sections 354 and 354(b) IPC, and relevant provisions of the POCSO Act.
Final judgment
Court's observations and final ruling
The court observed that there was no evidence to show the accused had made a decision to rape the victim.
It also emphasized that the complaint and witness statements didn't reflect any intention of penetrative sexual assault.
The HC modified the summoning order and directed a fresh one under revised sections, confirming their liability for minor offenses under Sections 354(b) IPC with Sections 9/10 of the POCSO Act.