“Holding the breasts, breaking the string of the pyjama is not an attempt to rape”, this comment of the High Court is creating a ruckus

“Holding the breasts, breaking the string of the pyjama and trying to drag under the culvert is not an attempt to rape!”, this is the statement of Allahabad High Court. Where the court made this comment in the alleged rape of a minor girl i.e. POCSO case. After this decision, a question arises. Will we now wait for the ‘completion’ of sexual abuse to be considered a crime? Are the screams of a victim, her sufferings just ‘the prelude to a bigger crime’? Let us know the whole matter in detail.

Know what is the whole matter

Actually this whole matter is of Kasganj district. Pawan and Akash, who live there, have been accused of trying to rape an 11-year-old minor girl. Allegedly, both of them gave a lift to an 11-year-old girl. The girl was a distant relative of theirs. When the girl sat on the bike with them, both these accused stopped the bike in a deserted area. After which they grabbed the girl by her breasts, tore the string of her pyjama and tried to drag her under the culvert. However, some passersby saw her at the same time and saved her.

Case registered under IPC section 376

During this entire incident, the accused fled from the spot. The girl’s family filed a complaint with the police. Investigation was done and the police registered a case under section 376 along with POCSO and arrested both the accused. According to the law book, there is a provision for severe punishment for rapist if IPC section 376 (BNS section 64) is applied. Under which the district court issued a notice to both the accused to appear.

The accused challenged the summons of the lower court in the High Court. In their petition, they said that we have not committed any crime under section 376 of the IPC. This crime does not go beyond the limits of Section 354 and 354(B) of the IPC i.e. assault or use of criminal force with intent to disrobe and the relevant provisions of the POCSO Act.

The Allahabad High Court said no attempt to rape!

The Allahabad High Court also agreed to this and accepted the argument of the accused. In his order dated 17 March 2025, Justice Ram Manohar Narayan Mishra said that to allege an attempt to rape, it has to be proved that it was beyond the stage of preparation. There is a difference between preparation and actual attempt to commit a crime.

However, there was a lot of uproar after this statement came to light. The court said that in view of the facts of this case, summons should be issued against the accused under Section 354(B) and Section 9 of the POCSO Act. Which provides for punishment for serious sexual offense with a minor child.

However, this is not the first time that a High Court has given such a decision. Some time back, the Bombay High Court had also said something similar that sexual abuse cannot happen without removing clothes. Such decisions somehow indicate that before justice is delivered in these sensitive cases, it will be important to see whether the culprit has committed the entire crime or not.