Uttar Pradesh: In a significant legal move, the Allahabad High Court recently said that “grabbing the breasts of the victim and snapping the strings of her pyjama, do not constitute an attempt to rape or rape.” The court stated that these acts, however, still constitute serious ‘sexual assault.’ The court’s definition of rape came in light of the Protection of Children from Sexual Offences (POSCO) case of a rape incident involving a minor girl.
Court Issues Fresh Summons
Fresh summons were ordered by a single bench of Justice Ram Manohar Narayan. The court deemed that the earlier summons issued by the Special Judge POSCO Court of Kasganj on the rape charge is not legal. It was reported that the accused Pawan and Akash allegedly grabbed an 11-year-old girl’s breasts and ripped her pyjama string in UP’s Kasganj. They even dragged the victim under a culvert and later fled the spot when a passer-by came to her to save her. Following the incident, the Patiyali police station has registered a case.
Accused Initially Faced Trials
According to reports, both the accused were initially called to face trial under relevant sections of the IPC and POCSO ACT. The High Court said that the petitioners should be tried under relevant legal provisions of section 9/10 of the POCSO Act for committing serious sexual assault and Section 354 B of the IPC for assaulting or using criminal force with intent to disrobe.
Prosecution Says ‘Accused Have Not Committed Offence Of Rape’
ANI quoted the Court as saying, “The allegations leveled against accused Pawan and Akash and the facts of the case do not make out the offense of attempt to rape in this case.” The statement was made while partially allowing the criminal revision petition. According to the prosecution, the accused men have not committed the offence of rape as they left the victim behind and fled the spot when a passerby intervened.
