Grabbing breasts, breaking pyjama string is not enough for charge of attempt to rape, says Allahabad HC

The High Court observed in a March 17 order that the allegations levelled against the accused and the facts of the case hardly constitute an offence of attempt to rape. File
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Grabbing a girl’s breasts, breaking her pyjama strings, and trying to drag her beneath the culvert is not enough to charge a perpetrator with the offence of rape, or an attempt to rape, the Allahabad High Court said this week, making a distinction between the “preparation stage” and an “actual attempt”.

Accordingly, the court ordered a modification in the charges slapped by a lower court against two men accused of these actions.

The accused, Pawan and Akash, were summoned by a Kasganj court to face trial under Section 376 (rape) of the Indian Penal Code (IPC), and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act, for allegedly raping a minor girl who was saved after some passersby came to her rescue, forcing the accused to flee. The incident dates back to 2021 when the accused offered a lift to the child and then attempted to rape her, her kin had alleged in their police complaint.

‘Only preparation stage’

The accused approached the High Court to challenge the summons of the lower court, arguing that they had not committed any offence under Section 376 of the IPC. They claimed that even if the complaint against them was taken at face value, the charges could not go beyond the extent of Section 354 and 354(b) of the IPC (assault or use of criminal force with intent to disrobe), and relevant provisions of the POCSO Act.

The High Court seemed to agree with them, observing in a March 17 order that the allegations levelled against the accused and the 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 difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination,” noted Justice Ram Manohar Narayan Mishra in his order.

Lesser charges

The court added that the specific allegation against the accused Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjamas.

“It is also not stated by witnesses that due to this act of the accused the victim got naked or got undressed. There is no allegation that accused tried to commit penetrative sexual assault against the victim,” the court said.

Ít directed that the accused be tried instead under Section 354 (b) of the IPC (assault or use of criminal force with intent to disrobe) and Sections 9 and 10 of the POCSO Act (aggravated sexual assault).