Trying to break the pulse of pajamas and take off clothes … no rape: Allahabad High Court – Grabbing Breasts Breaking Pyjama String is not enough for charge of attempt to RATEM Says Allahabad High Court LCLTM

The Allahabad court gave a comment during the hearing in the attempt to rape the minor girl. It said that- ‘Trying to touch a victim’s breasts or try to take off clothes cannot be considered a crime of rape. It will be called sexual harassment. ,

A single bench of Justice Ram Manohar Narayan Mishra has amended the summons order of the Special Judge Poxo Court of Kasganj and ordered to summons afresh. The court said that the summons issued on charges of rape is not lawful. The court made this comment a few years ago during Sunavai associated with an attempt to rape a 11 -year -old girl. This case is registered in Patiali police station of Etah.

In the case, the petitioner Akash, Pawan and Ashok were called to face the trial under Section 376 of the IPC and Section 18 of the Poxo Act. The High Court has directed that the accused should be prosecuted under Section 354-B IPC (using an attack or use of criminal force) under Section 9/10 (severe sexual attack) of the Poxo Act with a minor charge of the intention of nude or criminal force.

The court partially acknowledged the criminal revision petition and said, ‘The allegations against the accused Pawan and Akash and the facts of the case do not make the crime of the attempt to rape in this case. According to the prosecution, the accused Pawan and Akash caught the 11 -year -old victim’s breasts and Akash broke the pulse of her pajamas and tried to pull her under the culvert, but due to the passers -by, the accused left the spot leaving the victim. He did not commit the crime of rape.