The Allahabad High Court has ruled in a case involving an attack on an 11-year-old girl that actions like grabbing the breasts of a victim and snapping her pyjama string don’t constitute rape or attempt to rape but can be considered aggravated sexual assault – a comparatively lesser charge.
The High Court draws a distinction between the preparation stage and actual attempt. The girl was attacked in 2021 in Uttar Pradesh’s Kasganj by two men, Pawan and Akash, who allegedly grabbed her breasts, tore her pyjama string and tried to drag her under a culvert.
They fled the spot following a passer-by stopped them and came to the girl’s rescue. According to the prosecution, they had lured the child pretending to take her home/
Initially, Pawan and Akash were summoned by a trial court for charges of rape and under the POCSO (Protection of Children from Sexual Offences) Act.
They challenged the trial court summons before the Allahabad High Court, Justice Ram Manohar Narayan Mishra yesterday modified the charges to assault or use of criminal force with intent to disrobe and aggravated sexual assault under POCSO.
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