The Allahabad High Court has ruled that acts such as grabbing a woman’s breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert do not constitute an attempt to rape. The court made this distinction while modifying the charges against two men accused of sexual assault.

A single-judge bench, led by Justice Ram Manohar Narayan Mishra, emphasized the legal difference between “preparation” and an “actual attempt” to commit rape. The ruling came in response to an appeal by the accused—Pawan and Akash—who had been charged by a Kasganj court under Section 376 (rape) of the Indian Penal Code (IPC) and Section 18 of the POCSO Act for allegedly assaulting an 11-year-old girl.

According to the prosecution, Akash broke the string of the victim’s pyjama and attempted to drag her beneath a culvert before being stopped by passersby, forcing the accused to flee. A trial court had initially deemed this an attempt to rape, bringing charges under both the IPC and the POCSO Act. However, the accused challenged the ruling in the High Court.

Justice Mishra observed that the allegations did not meet the threshold for an attempt to rape, as the prosecution failed to prove that the act had moved beyond preparation to an actual attempt. The court pointed out that for an attempt to be established, there must be a greater degree of determination to commit the crime.

The High Court subsequently downgraded the charges to Section 354-B of the IPC (assault or use of criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault). The judge noted that there was no evidence suggesting the accused intended to commit rape or that the victim had been undressed due to their actions. Additionally, no witnesses stated that the accused had attempted penetrative sexual assault.

Ultimately, the court concluded that the allegations, as presented, did not constitute an attempt to rape.