Grabbing breasts, snapping pyjama string not attempt to rape: Allahabad High Court

Grabbing breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert are not enough to charge an accused with the offence of rape or attempt to rape, the Allahabad high court observed recently, describing such an act as “aggravated sexual assault” while modifying a summoning order and altering the charges against two accused. The petitioner counsel argued that no offence under Section 376 of the IPC was committed even if the complaint version is taken on its face value and that the case does not go beyond the extent of Section 354, 354 of the IPC, and relevant provisions of the POCSO Act. In order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.” The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination, a bench of Justice Ram Manohar Narayan Mishra observed as it partly allowed the criminal revision plea filed by three accused. The petitioner counsel argued that no offence under Section 376 of the IPC was committed even if the complaint version is taken on its face value and that the case does not go beyond the extent of Section 354, 354 of the IPC, and relevant provisions of the Pocso Act.