'Attempt to rape is not crime': Allahabad HC while hearing incident of sexual assault of 11-year-old girl in Kasganj

Uttar Pradesh: The Allahabad High Court, while hearing the case of sexual assault of an 11-year-old girl in Kasganj, stated that pulling the breast and snapping the cord of pyjamas would not be an attempt to rape but sexual assault. The court directed Pawan and Akash to be prosecuted under Section 354-B and Section 9/10 of the POCSO Act. The Allahabad High Court has made a statement while hearing the rape victim's case. According to it, catching hold of the breast and snapping the string of her pyjamas won't be held as an attempt at rape but surely will be referred to as sexual assault.

'Attempt to rape is not a crime'

Pawan and Akash are charged with groping the breasts of an 11-year-old victim, pulling off her pyjamas and taking her under a Kasganj, Uttar Pradesh, culvert. While passersby stopped them, the accused escaped from the area. The incident occurred in 2021 when the accused had requested a lift to the child. Pawan and Akash were originally to be charged under Section 376 of the Indian Penal Code and Section 18 of the POCSO Act on the order of the Kasganj trial court for rape. Nonetheless, the Allahabad High Court bench of Justice Ram Manohar Narayan Mishra ordered prosecution of the accused under Section 354-B IPC (assault or criminal force with intent to nude) and Section 9/10 (aggravated sexual assault) of the POCSO Act. 'Attempt to rape is not a crime'

Offence of attempt to rape in the case

The bench held that the charges brought against accused Pawan and Akash and the facts of the case do not amount to an offence of attempt to rape in the case. For making a charge of attempted rape, the prosecution has to prove that it had crossed the stage of preparation. The counsel for a respondent further contended that during the framing of charges, the trial court need not scrutinize and balance the evidence and materials gathered during the investigation carefully. Only a prima facie case should be established at that point of time to prosecute the accused persons.

What court stated in its order

The court observed that the witnesses have not even stated that because of this act of the accused, the victim got naked or her clothes were taken off. The judge concluded that from any material available on record, it cannot be concluded that the accused was set to commit rape. The particular accusation against Akash was that he attempted to push the victim under the culvert and tore her pyjamas, the court stated in its judgment.

Victim was made naked or her clothes were pulled off

The witnesses also did not indicate if the victim was made naked or her clothes were pulled off as a result of this act of the accused. There is no accusation that the accused attempted to sexually assault the victim. The third accused, Ashok, is said to have threatened and assaulted the complainant when he went up to her after the incident. Ashok has thus been called under sections 504 and 506 of the Indian Penal Code.