'Grabbing breasts, breaking string of pyjama not attempt of rape': Allahabad High Court

A single bench comprising Justice Ram Manohar Narayan Mishra made this observation

The Allahabad High Court recently observed that grabbing the breasts, breaking the string of pyjama and trying to drag the victim beneath the culvert before fleeing the spot is not enough to charge a perpetrator with the offence of rape, or an attempt to rape.

In its observation, the court made a distinction between the “preparation stage” and an “actual attempt”.

According to NDTV, Pawan and Akash allegedly grabbed the breasts of an 11-year-old victim, breaking her pyjama string and trying to drag her beneath a culvert in Uttar Pradesh's Kasganj. The accused fled from the spot after interference by passers-by. The 2021 incident occurred when the accused offered a lift to the child.

A single bench comprising Justice Ram Manohar Narayan Mishra made this observation while partly allowing the revision petition filed by two accused persons challenging the order of the lower court which had summoned them to face trial for charge under Sections 376 IPC (attempt to rape) read with Section 18 of POCSO Act.

"The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape in the case. In order to bring out a charge of attempt to rape the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination," the bench said.

According to NDTV, counsel for one of the respondents also argued that at the stage of framing charges, the trial court is not supposed to weigh the evidence and material collected during the investigation.

"It is also not stated by witnesses that due to this act of the accused the victim got naked or got undressed. There is no allegation that accused tried to commit penetrative sexual assault against the victim," the court said.

The judge concluded that no material on record inferred that the accused was determined to commit rape. "The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjami. It is also not stated by witnesses that due to this act of the accused the victim got naked or got undressed. There is no allegation that accused tried to commit penetrative sexual assault against the victim," the Court observed in its order.