ALLAHABAD HIGH COURT RULED : “grabbing the breast of a minor doesn’t consider r*pe”

The Allahabad High Court recently made a controversial ruling that grabbing the breast of a minor and breaking her pajama string does not qualify as rape or an attempt to commit rape,

This decision arose from a 2021 case involving two men, Pawan and Akash, who were accused of sexually assaulting an 11-years-old girl. The incident took place when the accused offered the child a ride and then attempted to drag her under a culvert. Their actions were interrupted by bystanders, which allowed them to escape.

Initially, the trial court had charged the men under Section 376 of the Indian Penal Code (rape) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act (attempt to commit an offense). However, Justice Ram Manohar Narayan Mishra, who presided over the case, ruled that the actions of the accused—grabbing the victim’s breasts, breaking her pajama string, and trying to drag her—did not meet the legal criteria for an “attempt to rape.”

⁠→There was no evidence to suggest that the accused attempted penetrative sexual assault.

→Witnesses did not report that breaking the pajama string left the victim exposed or undressed.

Moreover, the father of one of the accused has been summoned for allegedly abusing and threatening the complainant when she confronted him after the incident.

The case will now move forward with the updated charges under the POCSO Act and the Indian Penal Code.

The court emphasized the difference between being in the “preparation stage” and making an “actual attempt” to commit rape. It stated that for an act to be considered an attempt to rape, the prosecution must prove that the accused’s actions went beyond mere preparation and demonstrated a clear intent and determination to carry out the crime.

This ruling has sparked significant debate and concern regarding the interpretation of sexual assault laws and the protection of minors.

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