Grabbing Breasts and Breaking Minor Victim's Pyjama String Constitute Sexual Assault But Not Attempted Rape, rules Allahabad HC

In a recent ruling, the Allahabad High Court stated that actions such as grabbing a girl's breasts, breaking her pyjama strings, and attempting to drag her beneath a culvert do not constitute sufficient grounds for charging a perpetrator with rape or attempted rape. Such action constitute aggravated sexual assauly, the court said while making a distinction between the "preparation stage" and an "actual attempt" at the offense.

The decision came as the court modified the charges against two men, Pawan and Akash, who were initially 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. The men were accused of attempting to rape a minor girl in 2021 after offering her a lift, an incident that was interrupted by passersby who intervened.

Challenging the summons, the accused argued that their actions did not amount to an offense under Section 376 IPC. They contended that, even if the allegations were accepted as true, the charges should be limited to Section 354 and 354(b) of the IPC, which pertain to assault or the use of criminal force with the intent to disrobe.

Allegations did not fulfill the criteria for an attempt to rape

The High Court concurred, emphasizing in its March 17, 2025 order that the allegations did not fulfill the criteria for an attempt to rape. Justice Ram Manohar Narayan Mishra noted that to establish a charge of attempted rape, it must be demonstrated that the actions exceeded mere preparation and reflected a greater degree of determination.

The court pointed out that the specific allegation against Akash involved trying to drag the victim beneath the culvert and breaking her pyjama strings, but there was no evidence indicating that the victim was undressed or that there was an attempt at penetrative sexual assault. Consequently, the court directed that the accused be tried under Section 354(b) of the IPC and Sections 9 and 10 of the POCSO Act, which address aggravated sexual assault.