Allahabad HC’s ‘Grabbing breasts not rape attempt’ ruling slammed; Minister calls for SC intervention

The Allahabad High Court has ruled that grabbing the breasts of an 11-year-old girl, snapping her pyjama string, and attempting to drag her does not constitute an attempt to rape, sparking strong reactions from politicians and legal experts. The court stated that for a charge of attempted rape, the act must go beyond preparation and show a clear attempt to commit the crime. The ruling modified an earlier trial court order that had charged the accused under Section 376 of the IPC (rape) and Section 18 of the POCSO Act.

Union Minister for Women and Child Development Annapurna Devi criticized the ruling, calling it a "wrong judgment" and urging the Supreme Court to intervene. "I don’t support this decision. The Supreme Court should also take note of this decision because it will have an adverse impact on civil society. It has no place in a civilized society," she said. Rajya Sabha MP Swati Maliwal also condemned the verdict, calling it "very dangerous for society." BJP member CT Pallavi questioned the ruling, stating that it undermines laws meant to protect children.

The case involved two accused, Pawan and Akash, who allegedly assaulted an 11-year-old girl in Uttar Pradesh’s Kasganj district. According to the prosecution, they grabbed her breasts, broke the string of her pyjama, and attempted to drag her under a culvert before fleeing when passersby intervened. Initially, the trial court charged them under stringent sections of the IPC and POCSO Act, considering the act an attempted rape. However, the high court ruled that their actions did not amount to an attempt to rape but rather aggravated sexual assault, punishable under Section 354(B) IPC and Section 9(m) of the POCSO Act.

The court’s judgment was based on the legal distinction between preparation and attempt. Justice Ram Manohar Narayan Mishra, who delivered the ruling, stated that the prosecution must prove the crime had moved beyond preparation for it to qualify as an attempted rape. “The allegations leveled against the accused, Pawan and Akash, and facts of the case hardly constitute an offence of attempt to rape. In order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation,” the ruling stated.

The verdict has reignited debates on the interpretation of sexual assault laws in India and the need for judicial reforms. Prominent lawyer Indira Jaising called for suo moto action by the Supreme Court, stating, “Judges have been pulled up for much less by SC.” Many political leaders and legal experts have demanded a review of the ruling, arguing that it could weaken child protection laws and set a concerning legal precedent.