The Allahabad High Court has ruled that groping a minor’s breasts does not amount to an attempt to rape under the Protection of Children from Sexual Offences (POCSO) Act. The verdict was issued in a case involving two men accused of sexually assaulting an 11-year-old girl.
Case Details
The incident took place in Allahabad, Uttar Pradesh, where two individuals, identified as Pawan and Akash, were accused of forcibly grabbing the minor’s breasts. One of them allegedly pulled the string of her pajama, while the other attempted to lower her pants. The girl’s screams forced the accused to flee, following which her family lodged a police complaint.
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Court’s Observations
The Allahabad Trial Court had initially issued summons to the accused under Section 376 and Section 18 of the POCSO Act (rape and attempted rape). However, the accused challenged the ruling in the Allahabad High Court.
Justice Ram Manohar Narayan Mishra, presiding over the case, stated that:
– Touching a minor’s breasts, pulling the string of her pajama, or attempting to lower her pants does not constitute an attempt to rape.
– These actions do not fall under Section 376 or Section 18 of the POCSO Act.
– However, the accused can still be prosecuted under Section 9/10 of POCSO and Section 354-B of the Indian Penal Code (IPC), which pertain to sexual harassment and assault with intent to outrage a woman’s modesty.
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Legal and Public Response
The ruling has sparked controversy, with legal experts and child rights activists expressing concern over the court’s interpretation of sexual offenses. Critics argue that the decision weakens legal protection for minors, while others stress the need for clearer legal definitions to ensure strict enforcement against sexual crimes.