Allahabad HC Rules Groping Breasts, Breaking Strings Of Pyjamas 'Not Sufficient' For Attempt To Rape Charge

The Allahabad High Court has ruled that grabbing a girl's breasts, breaking the strings of her pyjamas, and attempting to drag her beneath a culvert do not constitute sufficient grounds to charge the accused with rape or attempted rape.

The court distinguished between the "preparation stage" and an "actual attempt" to commit the offence, reported The Hindu.

Photo Credit: allahabadhighcourt.in; Pexels

As a result, the court ordered a modification of the charges initially imposed by a lower court against the two accused men.

Charges Reduced

The accused, Pawan and Akash, had been summoned by a Kasganj court to face trial under Section 376 (rape) of the Indian Penal Code (IPC) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act.

They were alleged to have attempted to rape a minor girl in 2021, but were forced to flee when passersby intervened, according to the complaint filed by the victim's family.

However, the accused approached the High Court to challenge these charges, arguing that even if the allegations were accepted as true, they did not justify prosecution under Section 376. They contended that the charges should be limited to Section 354 and 354(b) of the IPC (assault or use of criminal force with intent to disrobe) and relevant sections of the POCSO Act.

The High Court appeared to agree with their argument. In its order dated 17 March 2025, Justice Ram Manohar Narayan Mishra observed: "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."

No Evidence of Attempted Rape

The court further stated that the allegations against Akash involved him attempting to drag the victim beneath a culvert and breaking the string of her pyjamas.

"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 noted.

Consequently, the court directed that the accused be tried under the lesser charges of Section 354(b) of the IPC (assault or use of criminal force with intent to disrobe) and Sections 9 and 10 of the POCSO Act (aggravated sexual assault), instead of attempted rape.