The ruling was made by a bench of Justice Ram Manohar Narayan Mishra, who modified an earlier trial court order against two accused under Section 376 (rape) of the Indian Penal Code and Section 18 (attempt to commit an offence) under the POCSO Act.
The Allahabad High Court has ruled that grabbing a girl's breasts, dragging her and breaking the strings of her pyajama does not amount to rape or an attempt to rape. Instead, the High Court stated that the following actions come under the offences of "aggravated sexual assault."
The ruling was made by a bench of Justice Ram Manohar Narayan Mishra, who modified an earlier trial court order against two accused under Section 376 (rape) of the Indian Penal Code and Section 18 (attempt to commit an offence) of the Prevention of Children from Sexual Offences (POCSO) Act.
Instead of this, the as per LiveLaw, the High Court ordered that the accused need to be tried under Section 354-B (assault or use of criminal force with intent to disrobe) of the IPC along with Sections 9 and 10 (aggravated sexual assault) of the POCSO Act.
The accused, Pawan and Akash, grabbed the breasts of a 11/12-year-old girl. One of the accused, Akash, then broke the string of her pyjama as he tried to drag her under a culvert.
However, both the accused fled the scene when passersby intervened. Challenging these allegations, the accused told the HC that the case does not amount to an "attempt to rape."
Earlier in the case, the trial court invoked Section 376 IPC and Section 18 of the POCSO Act, citing the alleged attempt to commit penetrative sexual assault on the minor.
However, the High Court changed this and stated that there was no evidence that the accused had gone beyond preparation and demonstrated determination to commit rape.
"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. There is no allegation that the accused tried to commit penetrative sexual assault against the victim," the High Court was quoted as saying.