IIn a recent important judgment, the Allahabad High Court clarified the difference between attempted rape and aggravated sexual assault. It ruled that touching a woman's breasts and pulling the string of her pyjamas is not attempted rape but aggravated sexual assault.
Case History
The case holds to an incident that took place in the year 2021, in which two men, Pawan and Akash, were accused of being part of an assault on an eleven-year-old girl in the Kasganj district of Uttar Pradesh, where accusations were made against them for groping the victim's breast, attempting to snap the string of her pyjamas, and trying to drag her under a culvert. Their actions were interrupted by passersby, which resulted in their escape.
Legal Proceedings and Observations
Initially, the trial court charged the accused under Section 376 of the Indian Penal Code (IPC) for rape and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act regarding an attempt to commit aggravated sexual assault. However, these charges were subsequently modified by the Allahabad High Court after review. The court noted that the activities described did not qualify as attempted rape because no evidence was shown that the assault had ever progressed beyond the preparatory stages. Thus, the charges were revamped to charges under Section 354-B of the IPC relating to assault or use of criminal force with intent to disrobe and Sections 9 and 10 of the POCSO Act relating to aggravated sexual assault.
Section 354-B of the IPC: Assault or use of criminal force with intent to disrobe.
Sections 9/10 of the POCSO Act: Aggravated sexual assault.
It thus becomes very important to note that while classifications can change, they have been made in the context of appropriate legal procedures developed for successful prosecution.
Implications of the Ruling
Such legal clarification brings clarity as to what offenses will be classified as sexual violence so that the crimes and charges reflect reality in proper matching. It also puts in perspective the need for attempted judicial custody in favor of a clear and definite interpretation of the law while upholding justice and penalizing people with possible overcharge.
Conclusion
The ruling of the Allahabad High Court has shed clarity on legal differences between various forms of sexual offenses. By distinguishing between aggravated sexual assault and attempted rape, the court ensures that allegations are matched correctly with the offender's conduct, thus upholding the tenets of trial and legal precision.
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