Grabbing Victim's Breasts, Breaking Pyjama String Not Attempt To Rape: Allahabad HC
A single-judge bench made the observation while hearing the case of two accused, Pawan and Akash, who were accused of attempt to rape of an 11-year-old girl.
The Allahabad High Court, in a significant observation, ruled that grabbing a woman’s breasts, breaking the string of her pyjama and attempting to drag her beneath the culvert is not enough to charge a perpetrator with the offence of rape, or an attempt to rape.
During the hearing, a single judge comprising Justice Ram Manohar Narayan Mishra made a distinction between the “preparation" and an “actual attempt", while modifying the charges slapped by a lower court against two men accused of rape.
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The two accused, Pawan and Akash, were summoned by a Kasganj court to face trial under Section 376 (Rape) of the Indian Penal Code (IPC) and Section 18 of the POCSO Act for allegedly raping an 11-year-old girl. Akash reportedly broke the string of her pyjama and tried to drag her beneath a culvert.
However, passersby intervened and the accused were forced to flee from the spot, leaving the victim behind. A trial court found the case to be an attempt to rape within the purview of the POCSO Act as well as Section 376 of the IPC. However, the accused challenged the order and moved the Allahabad High Court.
“The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape in the case. 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," said Justice Mishra during trial.
The court also altered the charges against the two accused to the minor charge of Section 354-B of the IPC (assault or use of criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
The judge also said there was no material on record that provided proof that the accused had determined to commit rape on the victim. “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 judge noted.
The bench observed that the allegations levelled against the accused and the facts hardly constituted an offence of attempt to rape.
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