High Court’s Controversial Order: On Attempt To Rape
The Allahabad High Court recently ruled that grabbing the breasts of a minor, breaking the string of her pyjama, and attempting to drag her beneath a culvert does not amount to rape or an attempt to rape. The court instead framed charges under lesser offences. The decision sparked widespread criticism.
Case Background
The prosecution alleged that accused Pawan and Akash assaulted an 11-year-old girl. Akash allegedly broke the string of her pyjama and tried to drag her under a culvert. The trial court had charged them under Section 376 with Section 18 of the POCSO Act for an attempt to commit rape or penetrative sexual assault.
Petitioner’s Stance
Senior Advocate Shobha Gupta, founder of NGO We the Women of India, wrote a letter highlighting concerns about the ruling. The Supreme Court took suo moto cognizance of the matter.
High Court’s Reasoning: Preparation VS Attempt To Rape
The High Court ruled that the act did not cross the threshold from preparation to an actual attempt. Justice Ram Manohar Narayan Mishra stated that an attempt requires a greater degree of determination beyond mere preparation. The court instead charged the accused under Section 354-B IPC and Sections 9/10 of the POCSO Act.
Supreme Court’s Intervention
The Supreme Court has listed the matter for hearing before Justices B.R. Gavai and A.G. Masih. This development follows the recent dismissal of an Article 32 writ petition by another Supreme Court bench due to lack of locus standi.
Impact of the Decision
The High Court’s order has raised legal and public concerns over the interpretation of attempt versus preparation in sexual assault cases. The Supreme Court’s review could set a significant precedent.
