The Allahabad High Court has ruled that actions like grabbing a minor girl’s breasts and breaking the string of her pyjama do not qualify as an “attempt to commit rape” under Indian law. Instead, such acts will be treated as “aggravated sexual assault” under the Protection of Children from Sexual Offences (POCSO) Act.
The case involves two accused, Pawan and Akash, who allegedly attacked an 11-year-old girl in Uttar Pradesh’s Kasganj district. Reports state that the accused grabbed the girl’s breasts, broke her pyjama string, and tried to drag her under a culvert. They ran away when people nearby intervened.
Initially, the trial court had charged the accused under Section 376 of the Indian Penal Code (IPC), which deals with rape, and Section 18 of the POCSO Act, related to attempting to commit a crime. However, the High Court reviewed the case and changed the charges. The court ruled that the accused should instead be tried under Section 354-B of the IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
The court said, “To prove an attempt to commit rape, the prosecution must show that the act went beyond just preparation. In this case, the actions, while serious, do not meet that standard.”
This ruling clarifies the difference between “attempt to rape” and “aggravated sexual assault.” Both are serious crimes, but they have different legal definitions and punishments. The court’s decision ensures that the charges match the nature of the crime, leading to fair trials and appropriate penalties.
