The Allahabad High Court, in a significant ruling, has stated that touching a minor's private parts and tearing their clothes does not constitute attempted rape but falls under the category of 'aggravated sexual assault'.
Prayagraj: The Allahabad High Court has classified the act of touching a minor's breast and tearing their clothes as aggravated sexual assault, rather than attempted rape. A single-judge bench, headed by Justice Ram Manohar Narayan Mishra, modified the summons order issued by the Special Judge (POCSO Court) in Kasganj and directed the issuance of a fresh summons. The court clarified that the summons issued on charges of rape were not legally valid.
What did the Court say?
Partially modifying the order of the Kasganj Special POCSO Court, the single-judge bench of Justice Ram Manohar Narayan Mishra stated that the accused will now be tried under Section 354-B (Assault or criminal force to woman with intent to disrobe) of the Indian Penal Code (IPC) and Section 9/10 (Aggravated sexual assault) of the POCSO Act.
Initially, the petitioners, Akash, Pawan, and Ashok, were charged under Section 376 (Rape) of the IPC and Section 18 (Attempt to commit rape) of the POCSO Act. The High Court held that based on the available evidence, the charges did not fall under the category of attempted rape.
What was the complete case?
This case pertains to the Patiyali police station area of Kasganj district in Uttar Pradesh. According to the prosecution, the accused touched the breasts of the 11-year-old victim, tore her clothes, and attempted to drag her under a bridge. However, the intervention of witnesses saved the victim, and the accused fled the scene.
This decision clarifies the legal distinction between rape and sexual assault. The court emphasized that while ensuring justice for the victim is crucial, given the severity of sexual assaults, the correct application of the law is equally essential.
