'Grabbing Woman's Breast, Breaking Her Pyjama String Not Attempt To Rape': HC

As per the prosecution, the accused men grabbed the breasts of the 11-year-old victim and one of them, namely Akash, broke the string of her pyjama.

The court made the observation while modifying a summoning order.

Source : ABPLIVE AI

The Allahabad High Court has observed that "grabbing the breasts of a woman", "breaking the string of her pyjama", and "trying to drag her beneath the culvert before fleeing the spot" won't come under the offence of attempt to rape but prima facie an "aggravated sexual assault".

The court made the observation while modifying a summoning order, altering the charges against two men named Pawana and Akash, Live Law reported.

They were initially summoned to face trial under Section 376 IPC (Rape) and Section 18 of the POCSO Act. However, the High Court directed that the accused be tried under the minor charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe) read with Sections 9/10 of the POCSO Act (aggravated sexual assault), the report added

Accused Men Grabbed Breasts Of 11-Year-Old Girl

"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 offence consists chiefly in the greater degree of determination," a bench of Justice Ram Manohar Narayan Mishra observed.

As per the prosecution, the accused men grabbed the breasts of the 11-year-old victim and one of them, namely Akash, broke the string of her pyjama and tried to drag her beneath the culvert. Due to the interference of passersby/witnesses, the accused persons ran away, leaving the victim behind. 

"The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjami. It is also not stated by witnesses that due to this act of the accused the victim got naked or got undressed. There is no allegation that accused tried to commit penetrative sexual assault against the victim," the Court observed in its order.