In a significant ruling, the Allahabad High Court has clarified that an incident involving the grabbing of a minor’s breast and breaking the string of her pyjamas does not meet the legal threshold for rape or an attempt to rape but instead constitutes aggravated sexual assault.

The case pertains to an incident from 2021 in Kasganj, Uttar Pradesh, where two individuals, Pawan and Akash, were accused of sexually assaulting an 11-year-old girl. Reports state that the two men offered the child a lift before attempting to drag her beneath a culvert. Their actions were interrupted when bystanders intervened, prompting them to flee the scene.

Initially, the Kasganj trial court had directed that the accused be prosecuted under Section 376 of the Indian Penal Code (IPC) for rape and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act for attempt to commit the offense. However, Justice Ram Manohar Narayan Mishra of the Allahabad High Court modified the charges, ordering a trial under Section 354-B IPC, which pertains to assault or the use of criminal force with the intent to disrobe, in addition to Sections 9/10 of the POCSO Act, covering aggravated sexual assault.

Court’s Rationale for Modifying Charges

The court noted that for an act to qualify as an attempt to rape, there must be evidence showing that the accused went beyond mere preparation and displayed a clear determination to commit the crime.

"The allegations against Pawan and Akash do not constitute an attempt to rape, as the prosecution must establish that the act had progressed beyond preparation. The distinction between preparation and an actual attempt lies in the level of determination exhibited by the accused," the bench stated.

The defense also contended that at the stage of framing charges, the trial court should not engage in a detailed examination of the evidence but should only determine whether a prima facie case exists against the accused.

The court further highlighted that witness statements did not suggest that the victim had been forcibly undressed or that there was an attempt to commit penetrative sexual assault. "There is no material on record to suggest that the accused were resolute in committing rape," the order stated.

Additional Charges Against Third Accused

A third individual, Ashok, who is Pawan’s father, is also implicated in the case. According to the complaint, after the incident, when the victim’s family confronted Ashok, he allegedly threatened and abused them. Consequently, the court has directed that he be charged under Sections 504 and 506 of the IPC for intentional insult and criminal intimidation, respectively.

This ruling has drawn attention to the legal interpretations of sexual offenses, emphasizing the importance of distinguishing between different degrees of assault while ensuring justice for the victim.