Allahabad High Court rules state that grabbing the breasts of a girl, breaking the string of her pyjama and trying to tug her does not cause to charges of rape or an attempt to rape. Instead, the courtroom asserted that these actions come under offences of “annoyed sexual assault”.
A bench of Justice Ram Manohar Narayan Mishra modified an earlier trial courtroom order that had summoned accused, Pawan and Akash, under Section 376 (rape) of the Indian Penal Code and Section 18 (try to devote an offence) of the Prevention of Children from Sexual Offences (Pocso) Act, as per a LiveLaw document.
High Court rules on annoyed sexual assault
The High Court directed that the accused be attempted under Section 354-B of the IPC together with Sections 9 and 10 (annoyed sexual attack) of the Pocso Act. The two accused allegedly grabbed the breasts of a girl, reportedly aged between eleven and 12 years. One of the accused, Akash, broke the string of her pyjama and attempted to drag her under culvert. The accused fled the scene while passersby intervened.
Challenging the allegations, the accused argued before the High Court that the case did not charge to an try and rape and fall under the provisions of Sections 354 and 354-B IPC, along with relevant sections of the Pocso Act.
The trial court room had earlier invoked Section 376 IPC and Section 18 of the Pocso Act, mentioning the alleged try to dedicate penetrative sexual attack at the minor.
LiveLaw quote High court Orders
However, the High Court, after inspecting the cloth and witness statements, find no evidence indicating that the accused had long past history and proven determination to devote rape.
“The specific allegation against Akash is that he attempted to pull the victim under the culvert and broke the string of her pyjama. It is not said via witnesses that because this act of the accused, the victim were given naked or got undressed. There is not any allegation that the accused tried to devote penetrative sexual attack against Victim,” LiveLaw quoted the High Court rules
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