Uttar Pradesh— In a significant ruling, the Allahabad High Court has stated that groping a girl's breasts and pulling the string of her pajamas do not constitute an attempt to rape. The court ruled that these actions, while inappropriate, do not fall under the legal definition of attempted rape.

Details of the Case

The case in question pertains to an incident in Uttar Pradesh's Kasganj district. The Allahabad High Court, in its recent judgment, stated that an attempt to grope a minor girl's breasts, pull the string of her pajamas, and drag her under a culvert does not qualify as an attempt to commit rape under the law. Based on this ruling, the court granted significant relief to three accused individuals by modifying the summons issued by the trial court.

According to media reports, the high court partially accepted a criminal revision plea filed by the accused and held that the summons issued under the charge of attempted rape and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act were incorrect. The court directed the lower court to amend the summons and instead charge the accused under lesser offenses related to molestation and other relevant sections of the POCSO Act.

Incident Overview

The case dates back to November 10, 2021, in the Patiyali police station area of Kasganj, Uttar Pradesh. As per the police complaint filed by the victim’s mother, she was walking with her 14-year-old daughter when three men—Pawan, Akash, and Ashok—offered to drop the girl home on their bike. According to the FIR, the accused stopped the vehicle near a culvert, groped the girl’s breasts, and pulled the string of her pajamas. They then allegedly attempted to drag her under the culvert with wrongful intent.

Hearing the girl's screams, a crowd gathered at the scene, forcing the accused to flee. Following the incident, a case was registered under IPC Section 376 (rape) and Section 18 of the POCSO Act for attempted sexual assault. The lower court issued summons under these sections, prompting the accused to file a criminal revision plea before the Allahabad High Court last year.

High Court’s Ruling

In its recent judgment, the single bench of Justice Ram Manohar Narayan Mishra ruled that "groping a girl’s breasts, pulling the string of her pajamas, and dragging her do not constitute an attempt to commit rape. These acts alone do not indicate an intention to commit the offense of rape."

The ruling has sparked debates on the legal interpretation of sexual offenses and the level of protection afforded to victims under existing laws.

Who is Justice Ram Manohar Narayan Mishra?

Justice Ram Manohar Narayan Mishra was born on November 6, 1964. He completed his law degree in 1985 and pursued post-graduation in law in 1987. He joined the Uttar Pradesh Judicial Services in 1990 as a Munsif (junior judge) and was promoted to the Higher Judicial Services in 2005. In 2019, he was appointed as a District and Sessions Judge, having previously served in districts like Baghpat and Aligarh. He has also worked as the Director of the Judicial Training and Research Institute (JTRI) and served as the District and Sessions Judge in Lucknow before his elevation.