Allahabad High Court Modifies Charges Against Accused in Sexual Assault Case
Background of the Case
The Allahabad High Court recently ruled that grabbing a minor girl’s breasts, breaking her pajama string, and attempting to drag her beneath a culvert does not constitute an attempt to commit rape under the Indian Penal Code (IPC). The court highlighted the legal distinction between the “preparation stage” and an “actual attempt” to commit rape.
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Incident Details
- The case dates back to 2021 when two accused, Pawan and Akash, allegedly attempted to rape a minor girl.
- The victim was reportedly offered a lift by the accused, who later tried to assault her.
- The girl was saved when passersby intervened, forcing the accused to flee.
- Based on a complaint filed by the victim’s family, a lower court in Kasganj summoned the accused under Section 376 (rape) of the IPC and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act.
High Court’s Legal Observations
- The accused challenged the summons, arguing that the allegations did not amount to an attempt to commit rape under Section 376 IPC.
- The High Court, in its March 17, 2025, order, agreed with this argument.
- Justice Ram Manohar Narayan Mishra noted that for an attempt to rape charge to stand, the prosecution must prove that the act had gone beyond the stage of preparation.
- The court emphasized that the difference between preparation and attempt consists mainly of the degree of determination to commit the crime.
Key Court Findings
- The allegations against the accused primarily involved assault and use of criminal force.
- The specific accusation against Akash was that he attempted to drag the victim beneath a culvert and broke her pajama string.
- The court noted that there were no allegations of penetrative sexual assault or that the victim had been completely undressed.
Modification of Charges
- The High Court ruled that the charges under Section 376 IPC should be modified.
- Instead, the accused will be tried under:
- Section 354(b) IPC – Assault or use of criminal force with intent to disrobe.
- Sections 9 and 10 of the POCSO Act – Aggravated sexual assault.
Legal Significance of the Ruling
- The judgment clarifies the legal threshold for attempt to rape charges.
- It reinforces the requirement of strong evidence to differentiate between preparation and attempt in cases of sexual offenses.
- The ruling ensures that charges align with the severity of the crime, avoiding misclassification under stricter provisions.
