‘Grabbing breasts, breaking pyjama string not attempt to rape but…’: Allahabad HC
- The Allahabad High Court ruled that the actions of Pawan and Akash do not constitute the offence of rape or attempted rape against an 11-year-old victim, as they did not show a determined intent to commit rape.
- The court modified the charges, directing that Pawan and Akash be tried under lesser charges of Section 354-B IPC and relevant sections of the POCSO Act.
- Justice Ram Manohar Narayan Mishra stated that there was no evidence to establish that the accused had a determined intent to commit rape on the victim.
- The trial court's original order invoking Section 376 IPC was found insufficient, with the High Court emphasizing that the allegations did not meet the criteria for attempted rape as there was no indication the accused moved beyond preparation.
27 Articles
27 Articles
Wrong judgment: Minister slams High Court's 'grabbing breasts isn't rape' ruling
The minister’s reaction came after a bench of Justice Ram Manohar Narayan Mishra modified an earlier trial court order that had summoned two men under Section 376 (rape) of the Indian Penal Code and Section 18 (attempt to commit an offence) of the Prevention of Children from Sexual Offences (Pocso) Act.
‘Grabbing breasts, breaking strings of pyjamas not sufficient to hold rape charge’, HC judge orders accused be booked for minor offence of ‘assault or abuse’ of girl
Justice Ram Manohar Narayan Mishra of Allahabad High Court directs POCSO court to issue fresh summons under modified charges
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