Court Rules Aggravated Sexual Assault
The accused grabbed the victim’s breasts, broke the string of her pyjama, and tried to drag her beneath a culvert before fleeing. The Allahabad High Court ruled that these actions did not amount to rape or an attempt to rape. It modified the summoning order and reduced the charges against them. It modified the charges against two men, initially summoned under Section 376 IPC (rape) and Section 18 of the POCSO Act (attempt to commit an offense). Instead, the court directed the trial under Section 354-B IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).
Case Background
The case involved two accused, Pawan and Akash, who allegedly assaulted an 11-year-old girl. According to the prosecution, they grabbed her breasts, broke the string of her pyjama, and attempted to drag her beneath a culvert. Witnesses intervened, causing them to flee.
The trial court considered these actions as an attempt to commit rape or penetrative sexual assault. It summoned the accused under serious charges, including Section 376 IPC and Section 18 of the POCSO Act.
Petitioner’s Stance
The accused challenged the summoning order in the High Court. They argued that the allegations, even if true, did not amount to an attempt to rape. Their counsel claimed the case fell under lesser offenses, such as Section 354 and 354-B IPC, along with relevant POCSO Act provisions.
Court’s Ruling On Aggravated Sexual Assault
The High Court agreed with the accused. It found no evidence suggesting they intended to commit rape. The court noted that to prove an attempt to rape, the prosecution must establish that the crime progressed beyond mere preparation.
It also pointed out that breaking the victim’s pyjama string did not necessarily indicate an intent to rape. There was no claim that the victim was left undressed or that the accused attempted penetrative sexual assault.
Final Verdict
The court ruled that the accused should not face charges of rape or attempt to rape. It modified the summoning order, limiting the trial to Section 354-B IPC and Sections 9/10 of the POCSO Act. The trial court was directed to issue a fresh order under the revised charges.
