The Allahabad High Court held that grabbing the breast of a woman, snapping the pyjama string of the woman, and trying to take her under the culvert cannot be regarded as an attempt to commit rape.

While on trial, Justice Ram Manohar Narayan Mishra distinguished between ‘preparation’ and an ‘actual attempt’ of committing rape. This judgment altered the charges against two men, Pawan and Akash, who had been charged with raping an 11-year-old child. The duo had been charged under Section 376 (Rape) of the IPC and Section 18 of the POCSO Act after one of them allegedly attempted to take the girl under a culvert after snapping her pyjama string. But the victim was saved by passersby, and the accused ran away.

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The trial court had held that the act constituted an attempt to rape, which fell under the provisions of Section 376 of the IPC and Section 18 of the POCSO Act. The accused challenged this ruling and went to the Allahabad High Court. Justice Mishra remarked, “The facts and allegations made against accused Pawan and Akash hardly make out an offence of attempt to rape in the case.” He continued that for the charge of attempt to commit rape, the prosecution is required to establish that the actions amounted to more than preparation. The dividing line between preparation and an attempt is marked by a higher level of determination to commit the offence.

The court later modified the charges, reducing them to the lower charge of Section 354-B of the IPC (assault or criminal force with intent to strip) and Sections 9/10 of the POCSO Act (aggravated sexual assault). “It is also not mentioned by witnesses that because of this act of the accused, the victim got naked or got undressed. There is no charge that the accused attempted to commit penetrative sexual assault on the victim,” the judge observed.

The court held that the circumstances of the case did not warrant the charges of attempt to rape.