Grabbing breasts, breaking pyjama string is not enough for charge of attempt to rape, says Allahabad HC

Grabbing a girl’s breasts, breaking her pyjama strings, and trying to drag her beneath the culvert is not enough to charge a perpetrator with the offence of rape, or an attempt to rape, the Allahabad High Court said this week, making a distinction between the “preparation stage” and an “actual attempt”. The accused, Pawan and Akash, were summoned by a Kasganj court to face trial under Section 376 of the Indian Penal Code, and Section 18 of the Protection of Children from Sexual Offences Act, for allegedly raping a minor girl who was saved after some passersby came to her rescue, forcing the accused to flee. ‘Only preparation stage’ The accused approached the High Court to challenge the summons of the lower court, arguing that they had not committed any offence under Section 376 of the IPC. The High Court seemed to agree with them, observing in a March 17 order that the allegations levelled against the accused and the facts of the case hardly constitute an offence of attempt to rape.