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Grabbing the breasts of the victim and snapping her pyjama strings do not constitute rape or attempt to rape but serious sexual assault, Allahabad court observed in a Protection of Children from Sexual Offences (POCSO) case of alleged rape of a minor girl.
A single bench of Justice Ram Manohar Narayan Mishra has modified the summons order of Special Judge POCSO Court of Kasganj and has ordered fresh summons. The court said that the summons issued on the charge of rape is not legal. The accused, identified as Pawan and Akash, allegedly grabbed the breasts of an 11-year-old victim, tearing her pyjama string and attempted to drag her beneath a culvert in Uttar Pradesh's Kasganj. The accused fled from the spot after a passer-by came to her rescue. The case is registered in Patiyali police station. Petitioners Akash, Pawan and Ashok were initially called to face trial under Section 376 of IPC and Section 18 of POCSO Act. The High Court has directed that the accused should be tried under Section 9/10 (serious sexual assault) of POCSO Act along with the minor charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe). The court, while partially allowing the criminal revision petition, said, "The allegations levelled against accused Pawan and Akash and the facts of the case do not make out the offence of attempt to rape in this case. As per the prosecution, accused Pawan and Akash grabbed the breasts of the 11-year-old victim and Akash broke the string of her pyjama and tried to drag her under the culvert, but due to the intervention of passersby/witnesses, the accused fled from the spot leaving the victim behind. They have not committed the offence of rape." (ANI)
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