Allahabad High Court Drops Attempt to Rape Charge Against Two Accused
sexual assault against the victim,” the high court further remarked.
It also clarified that for a charge of attempt to rape to be established, the prosecution must demonstrate that the act went beyond mere preparation. However, in this case, such evidence was not presented. “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,” the high court ruled.
Based on these findings, the high court held that “prima facie charge attempt to rape was not made out against the accused Pawan and Akash and instead they were liable to be summoned for minor charge.”
Consequently, the trial court was directed to issue a fresh summoning order under the modified sections.
Case Title: In Re: Order Dated 17.03.2025 Passed By The High Court Of Judicature At Allahabad In Criminal Revision No. 1449/2024 And Ancillary Issues