Outrage over Allahabad HC ruling: Grabbing breasts, breaking pyjama string not enough for attempted rape charge

The Allahabad High Court’s ruling that grabbing breasts and snapping pyjama string isn’t enough to charge an accused with attempt to rape has created outrage with many lawyers and politicians criticising it.

In 2021, accused Pawan and Akash had allegedly attacked an 11-year-old girl in Kasganj, Uttar Pradesh, and grabbed her breasts, snapped her pyjama string and tried to drag her under a culvert after offering to drop her on their bike while she was walking with her mother. The accused managed to flee when passers-by rushed to rescue the minor girl after hearing her screams.

They were summoned by the trial court to face charges to assault or “use of criminal force with intent to disrobe” and aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

However, Justice Ram Manohar Narayan Mishra of the Allahabad High Court altered charges against the accused from rape and POCSO Act violations to assault and aggravated sexual assault, sparking criticism for the perceived insensitive judgment.

Senior advocate Indira Jaising demanded the Supreme Court’s intervention to correct the Allahabad High Court’s order.

“Read this headline. Requires suo moto action by the Supreme Court. Judges have been pulled up for much less by SC. Grabbing breasts, breaking pyjama string is not enough for charge of attempt to rape, says Allahabad High Court,” Jaishing wrote on X.

Senior advocate Shobha Gupta demanded immediate removal of Justice Mishra for his “insensitive” judgment.

“We are seriously disturbed…When I read the news reports, I was so shattered, then I took out the judgment and the judgment was far more worrisome. If the high court judges are making these observations…this is the interpretation of law, this is seriously concerning to us – the female lawyers and females of this country. This girl said he groped her breasts, he took out the string of her lower garment…stretching her under a  culvert…What else the judge wanted to happen in addition to that so to say this is an attempt to rape,” Gupta said.

AAP leader Saurabh Bharadwaj also took to X to criticise the Allahabad High Court’s order. “I feel so ashamed that we have such judgements coming from High Court,” Bhardwaj wrote.

Justice Mishra said, “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. 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.

Justice Mishra said witnesses did not state that she became naked or undressed as a result of what was done by the accused. “There is no allegation that the accused tried to commit penetrative sexual assault against the victim,” the high court said.