“Grabbing Minor’s Breasts, Breaking Pyjama Strings Doesn’t Qualify As Attempt To Rape”: Allahabad HC

Allahabad High Court

A recent judgment by the Allahabad High Court has sparked a critical examination of India’s justice system, particularly in cases involving minors.

The court’s decision to modify the charges against two accused in a minor’s sexual assault case has raised important questions about the nuances of Indian law and the imperative of justice.

Case Insights

The case revolves around an 11-year-old girl who was allegedly assaulted by two men, Pawan and Akash. According to the prosecution, the accused engaged in egregious behavior, including grabbing the girl’s breasts and attempting to drag her beneath a culvert.

Fortunately, the intervention of passersby and witnesses thwarted the assault, and the accused fled the scene.

The Allahabad High Court’s ruling has been hailed as a landmark judgment, as it underscores the importance of careful consideration in cases involving minors. The court astutely observed that the allegations against the accused did not constitute an attempt to rape, but rather “aggravated sexual assault.” This distinction is crucial, as it acknowledges the severity of the assault while also recognizing the nuances of Indian law.

Modified Charges

The court’s decision to modify the charges against the accused has significant implications for the case. By altering the charges from Section 376 (rape) and Section 18 (attempt to commit an offense) of the POCSO Act to Section 354(B) IPC (assault or use of criminal force with intent to disrobe) and POCSO Act (aggravated sexual assault), the court has ensured that the accused will face trial for the correct offenses.

Court’s ruling demonstrates a steadfast commitment to justice and a nuanced understanding of Indian law.

As the case proceeds with the modified charges, it is essential to recognize the importance of careful consideration and the imperative of justice in cases involving minors.