‘Touching the private part and breaking the string is not rape…’, important decision of Allahabad High Court
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Allahabad High Court has considered touching the breast of a minor and breaking the string of her dress as ‘serious sexual assault’ instead of an attempt to rape. A single bench of Justice Ram Manohar Narayan Mishra has modified the summons order of Special Judge (POCSO Court) of Kasganj and has ordered a fresh summons.
The court said that the summons issued on the charge of rape is not legal. This case is registered in Patiali police station. Petitioners Akash, Pawan and Ashok were summoned to face trial under Section 376 of IPC and Section 18 of POCSO Act.
The High Court has directed that the accused 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 partially accepted the criminal revision petition, saying, ‘The allegations levelled against Pawan and Akash and the facts of the case do not constitute the offence of attempted rape in this case.
According to the prosecution, the accused grabbed the breasts of the 11-year-old victim, broke her string and tried to drag her under the culvert, but due to the intervention of passersby/witnesses, left her and fled from the spot.
