‘Grabbing breasts, breaking pyjama string not attempted rape’: Allahabad High Court

Uttar Pradesh: The Allahabad High Court has ruled that touching a woman’s breasts, breaking the string of her pyjamas, and attempting to drag her do not meet the legal threshold for an attempted rape charge. The court modified the charges against two accused men, stating that the prosecution must establish that an act has gone beyond mere preparation to constitute an actual attempt to commit rape.

The ruling was issued by Justice Ram Manohar Narayan Mishra while hearing a revision petition challenging the summoning order of a lower court, which had charged the accused under IPC Section 376 (rape) and Section 18 of the POCSO Act (attempt to commit an offence). The court held that the facts of the case did not support an attempted rape charge and modified the charges accordingly.

Case background and allegations

The case dates back to 2021, when two men, identified as Pawan and Akash, were accused of sexually assaulting a minor girl. According to the prosecution, the accused grabbed the 11-year-old victim’s breasts, attempted to break the string of her pyjamas, and tried to drag her beneath a culvert before fleeing when passersby intervened.

Based on these allegations, the trial court invoked IPC Section 376 along with Section 18 of the POCSO Act, summoning the accused to face trial for attempted rape. The accused, however, moved the High Court, arguing that their actions did not constitute an attempt to commit rape.

High Court’s legal observations

The High Court ruled that the accused's actions, while criminal in nature, did not meet the standard required to establish attempted rape. Justice Mishra observed:

“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.”

Taking these factors into account, the High Court modified the charges against the accused. Instead of IPC Section 376 and Section 18 of the POCSO Act, the accused will now face trial under:

• IPC Section 354B – Assault or use of criminal force with intent to disrobe.
• Sections 9/10 of the POCSO Act – Aggravated sexual assault on a child.

The court directed the lower court to issue a fresh summoning order under these revised charges.

The ruling has sparked discussions on the legal distinction between "preparation" and "attempt" in sexual offence cases. Legal experts highlight that while the accused's actions were serious and amounted to sexual assault, the law requires a clear threshold to be met for an attempted rape charge.

The case also underscores the complexities of applying legal provisions under the POCSO Act and IPC in cases involving minors. While the High Court ruled that the actions did not constitute attempted rape, the charge of aggravated sexual assault under the POCSO Act ensures that the accused still face serious legal consequences. The Allahabad High Court's ruling sets a legal precedent in defining attempted rape within the framework of Indian law.