'Grabbing breasts not attempt to rape': Allahabad HC order sparks nationwide debate; Union minister seeks SC intervention
PTC Web Desk: The Allahabad High Court has ruled that grabbing a woman’s breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert do not amount to rape or attempted rape, but rather constitute "aggravated sexual assault." The ruling has sparked a nationwide debate, with Union Minister of Women and Child Development Annpurna Devi strongly condemning the decision and urging the Supreme Court to intervene.
The case, dating back to November 10, 2021, involved an 11-year-old victim in Uttar Pradesh’s Kasganj district. The accused, Pawan and Akash, allegedly grabbed the victim’s breasts, broke the string of her pyjama, and tried to drag her beneath a culvert before being stopped by passersby. Initially, a district court had summoned them under Section 376 of the Indian Penal Code (IPC) (rape) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act (attempt to commit an offence).
However, the Allahabad High Court, while reviewing a criminal revision plea, ruled that the allegations did not constitute an attempt to rape. Instead, it directed the accused to be tried under Section 354-B of the IPC (assault or use of criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault). Justice Ram Manohar Narayan Mishra, presiding over the case, observed that "the allegations hardly constitute an offence of attempt to rape."
“The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination,” the court remarked, stating that there was no material evidence to conclude that the accused were determined to commit rape.
Minister and women leaders condemn ruling
Union Minister Annpurna Devi reacted sharply to the judgment, stating that it sends a "wrong message to society." She urged the Supreme Court to take cognizance of the matter, warning that such interpretations of the law undermine the gravity of sexual assault cases.
“This judgment is wrong and disturbing. It fails to acknowledge the trauma of the victim and the intent behind the crime. I request the Supreme Court to intervene and ensure that justice prevails,” Devi said in a statement.
Trinamool Congress MP June Malia criticised the judgment, calling it "disgusting" and reflective of a broader disregard for women’s safety in India.
Swati Maliwal, former chairperson of the Delhi Commission for Women and an Aam Aadmi Party (AAP) MP, expressed shock at the court's interpretation.
“It is a very shameful scenario. How can the act committed by these men not amount to an attempt to rape? I don’t understand the logic behind this judgment. The Supreme Court needs to step in immediately,” Maliwal said.
According to the victim’s complaint, she was returning home with her 14-year-old daughter when Pawan, Akash, and another accused, Ashok, intercepted them. Pawan offered to drop the victim’s daughter home on his motorcycle, and the victim allowed it. However, Pawan and Akash then assaulted the 11-year-old girl.
Eyewitnesses intervened, prompting the accused to flee the scene. The victim alleged that they also brandished a country-made pistol before escaping.
During court proceedings, the defense argued that the complaint did not establish an offence under Section 376 IPC. They contended that the case fell under Sections 354 and 354-B IPC, along with the relevant provisions of the POCSO Act.
On the other hand, the prosecution asserted that at the stage of framing charges, the trial court should only determine a prima facie case rather than meticulously scrutinising evidence. The Allahabad High Court, however, sided with the defense, ruling that while the accused committed a heinous act, their actions did not meet the threshold for an attempt to rape charge.
The ruling has ignited a debate over how courts interpret laws on sexual crimes, particularly concerning children. Activists argue that such judgments set a dangerous precedent, potentially weakening legal protections for survivors of sexual violence.
- With inputs from agencies
