During the hearing of an attempt rape case involving a minor girl, the Allahabad Court made a significant remark. It said that touching a victim’s breasts or attempting to strip her cannot be regarded as the crime of rape. However, it constitutes sexual harassment.
Justice Ram Manohar Narayan Mishra’s single bench revised the summoning order of the Kasganj Special Judge POCSO Court and ordered fresh summoning. The court remarked that the summons issued in a rape accusation is not legally sustainable. This observation was made during the hearing of an incident that took place years ago involving an 11-year-old girl, registered at Etah's Patiyali police station.
In this case, petitioners Akash, Pawan, and Ashok were summoned to face trial under Section 376 of the IPC and Section 18 of the POCSO Act. The High Court directed that a trial should proceed against the accused under Section 354-B IPC (assault or use of criminal force with intent to disrobe) and Section 9/10 of the POCSO Act (aggravated sexual assault).
While partially allowing the criminal revision plea, the court observed, 'The charges against Pawan and Akash, based on the facts of the case, do not constitute an attempt to rape. According to the prosecution, accused Pawan and Akash held the 11-year-old victim’s breasts, broke the drawstring of her pajamas, and attempted to drag her under a culvert, but due to the screams of passersby, the accused fled the scene, leaving the victim unharmed. They did not commit the crime of rape.
