Allahabad High Court Rules Grabbing and Disrobing Minor Not Enough to Constitute Attempt to Rape

Kasganj, UP | March 2025 — In a significant judgment, the Allahabad High Court recently ruled that grabbing the breasts of a minor, breaking the string of her pyjama, and attempting to drag her beneath a culvert does not amount to rape or attempt to rape under Indian Penal Code (IPC) provisions. Instead, the court classified the act as aggravated sexual assault, altering the charges against the accused.

The incident involved two men, Pawan and Akash, who were earlier summoned by a district court to face trial under Section 376 of the IPC (rape) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act. However, Justice Ram Manohar Narayan Mishra of the High Court, while hearing a criminal revision petition, modified the charges, directing that the accused be tried under Section 354-B IPC (assault or use of criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act.

As per the prosecution, the accused allegedly assaulted an 11-year-old girl in Kasganj, Uttar Pradesh. Akash reportedly broke the string of her pyjama and attempted to drag her beneath a culvert. However, their actions were interrupted by nearby passersby, forcing the accused to flee the scene.

The High Court observed that while the actions were undoubtedly serious and amounted to aggravated sexual assault, they did not satisfy the legal threshold required for framing charges of attempted rape. “To bring out a charge of attempt to rape, the prosecution must establish that the act had gone beyond preparation and reflected a clear determination to commit the offence,” the bench noted.

The court further remarked that at the stage of framing charges, the trial court should examine whether a prima facie case exists but should not delve deep into evidence evaluation. Nevertheless, it concluded that the circumstances did not indicate a concrete attempt to commit rape.

The judgment underscores the nuanced legal distinctions between preparation, attempt, and completion of a crime, particularly in sensitive cases involving minors under the POCSO Act. It also brings attention to the importance of correct legal classification to ensure appropriate and effective prosecution.

The trial will now proceed under the revised charges, and the case continues to stir conversations about the interpretation of sexual assault laws in India.