'Grabbing Breasts, Snapping Pyjama String Not Attempt To Rape': Allahabad High Court’s Ruling In POCSO Case Triggers Backlash

The Allahabad High Court’s ruling in a case involving the assault of an 11-year-old girl in Uttar Pradesh has sparked widespread outrage and calls for Supreme Court intervention. 

The court held that actions such as grabbing breasts or snapping a pyjama string do not amount to rape or attempted rape, but can be categorised as aggravated sexual assault, a comparatively lesser charge under the Protection of Children from Sexual Offences (POCSO) Act, reported NDTV.

The case dates back to 2021, when two men, Pawan and Akash, allegedly attacked the minor in Kasganj, Uttar Pradesh. 

According to the prosecution, the accused first offered to drop the girl on their bike, and when she refused, they grabbed her breasts, tore her pyjama string, and attempted to drag her under a culvert. 

The girl’s screams alerted passers-by, prompting the two men to flee. Initially, a trial court had summoned Pawan and Akash on charges of rape and under POCSO. 

However, after they challenged the summons before the Allahabad High Court, Justice Ram Manohar Narayan Mishra ruled that the case did not constitute an attempt to rape, but instead fell under "assault or use of criminal force with intent to disrobe" and aggravated sexual assault under POCSO.

In his judgment, Justice Mishra emphasised the distinction between “preparation” and “actual attempt” in cases of rape allegations. The court stated:

“The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape in the case. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination”, as quoted by NDTV.

The ruling further noted that there was no material on record to infer that the accused had the intent to commit rape.

The judgment has triggered widespread criticism, particularly regarding the interpretation of “attempt to rape” and its legal implications. Many have questioned the selection of judges and the judiciary’s approach to cases of sexual violence.

Senior lawyer Indira Jaisingh flagged the ruling and called for the Supreme Court to intervene suo motu. She wrote on X, “Requires suo moto action by Supreme Court. Judges have been pulled up for much less by Supreme Court”.