Justice Mishra noted that there was no evidence indicating the men intended to commit rape.
Digital Desk: The Allahabad High Court defined breast-gripping and a string-snapping action does not constitute rape or an attempt to rape but qualifies as aggravated sexual assault, a lesser charge. A Supreme Court referral and opposition have arisen because of the Uttar Pradesh Kasganj ruling which addressed the attack of an 11-year-old girl.
In 2021 Pawan along with Akash assaulted the minor by grabbing her breasts before tearing her pajama while trying to pull her under a culvert. The girl accompanied her mother as they offered her a ride . The screams of the victim brought nearby people to intervene which made the accused flee.
A trial court first charged them with rape according to the provisions of the POCSO (Protection of Children from Sexual Offences) Act. Following the defendants' summons challenge Justice Ram Manohar Narayan Mishra changed the charges because the incident failed to satisfy attempted rape standards. According to the court's decision, an actual rape attempt requires more than preparation and demands the defendant shows a definite determination to commit the crime.
Justice Mishra observed an absence of evidence showing the men planned to commit rape . The witnesses who observed Akash tearing the girl's pajama string during his dragging never mentioned she was completely undressed nor experienced penetrative sexual assault. The court changed the original accusations into Section 354(b) IPC assault with intent to disrobe and Section 9 of the POCSO Act for aggravated sexual assault of children under 12 years old.
Everyone in the public domain expressed extreme anger because the court decision raised serious doubts about the judicial process and judicial selection. The defense maintained that at this stage of charging defendants, the courts establish evidence sufficiency but avoid conducting thorough evaluations.
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