Grabbing a minor girl's breasts, breaking her pyjama strings and trying to drag her beneath the culvert does not constitute rape or an attempt to rape, the Allahabad High Court has recently ruled. Instead, the court asserted that these actions come under the prima facie offences of 'aggravated sexual assault'. The court observed this in a Protection of Children from Sexual Offences (POCSO) case of alleged rape of a minor girl.
A single bench of Justice Ram Manohar Narayan Mishra of the Allahabad High Court has modified the summons order issued by the Special Judge of the POCSO Court in Kasganj. The court ruled that the summons related to the charge of rape was not legally valid and directed that a fresh summons be issued.
The accused, identified as Pawan and Akash, allegedly grabbed the breasts of an 11-year-old victim, tearing her pyjama string and attempted to drag her beneath a culvert in Uttar Pradesh's Kasganj. The accused fled from the spot after a passer-by came to her rescue. The case is registered in Patiyali police station.
Allahabad High Court revises rape charges
The petitioners Akash, Pawan, and Ashok were initially summoned to face trial under Section 376 of the IPC (rape) and Section 18 of the POCSO Act (attempt to commit an offence). However, the Allahabad High Court has revised the charges, directing that the accused be tried instead under Section 9/10 of the POCSO Act, which pertains to aggravated sexual assault, and Section 354-B of the IPC, which deals with assault or use of criminal force with intent to disrobe a woman.
The court, while partially allowing the criminal revision petition, said, "The allegations levelled against accused Pawan and Akash and the facts of the case do not make out the offence of attempt to rape in this case.
As per the prosecution, accused Pawan and Akash grabbed the breasts of the 11-year-old victim and Akash broke the string of her pyjama and tried to drag her under the culvert, but due to the intervention of passersby/witnesses, the accused fled from the spot leaving the victim behind. They have not committed the offence of rape."
(With ANI inputs)
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