The Allahabad High Court has delivered a controversial ruling that grabbing breasts or snapping a pyjama string does not constitute rape or attempt to rape, but only aggravated sexual assault, a lesser charge. The judgment by the Allahabad High Court has ignited outrage, with many questioning the judicial insensitivity behind such an interpretation and calling for Supreme Court intervention. The case involves an attack on an 11-year-old girl in Kasganj, Uttar Pradesh, in 2021. The victim was allegedly assaulted by two men, Pawan and Akash, who grabbed her breasts, tore her pyjama string, and attempted to drag her under a culvert. The girl, walking with her mother, screamed for help, which forced the accused to flee.
A trial court had summoned Pawan and Akash on charges of rape under the POCSO (Protection of Children from Sexual Offences) Act. However, in a move that has shocked many, Justice Ram Manohar Narayan Mishra altered the charges, ruling that the accused should instead face lesser charges under Section 354(b) IPC (assault or use of criminal force with intent to disrobe) and Section 9 of the POCSO Act (aggravated sexual assault).
The court’s reasoning behind this ruling has been widely condemned. Justice Mishra argued that attempt to rape requires evidence that the accused went beyond preparation, absurdly suggesting that breaking a child’s pyjama string and dragging her under a culvert did not indicate an intention to rape. He further claimed that since the victim did not become naked, there was no attempt at penetrative sexual assault—a justification that many find deeply problematic.
The ruling has been met with fury from legal experts, activists, and the public. Critics argue that the court’s interpretation dangerously downplays the severity of sexual violence and sets a disturbing precedent that could shield perpetrators from harsher punishment.. On social media, many have condemned the ruling, questioning whether courts are truly committed to protecting victims of sexual assault or merely finding loopholes to shield the accused.
