The Allahabad High Court observed in a Protection of Children from Sexual Offences (POCSO) case of the alleged rape of a minor girl that grabbing the breasts of the victim and snapping her pyjama strings does not constitute rape or attempted rape, but rather serious sexual assault.

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A single bench, comprising Justice Ram Manohar Narayan Mishra, modified the summons order of Special Judge POCSO Court of Kasganj and ordered fresh summons. 

The court said that the summons issued on the charge of rape is not legal.

The two accused, identified as Pawan and Akash, allegedly grabbed an 11-year-old girl's breasts and tore her pyjama string, attempting to drag her under a culvert in Kasganj, Uttar Pradesh. 

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The accused fled the scene after a passerby intervened. A case has been registered at the Patiyali police station.

The petitioners Akash, Pawan, and Ashok initially faced trial under Section 376 of the Indian Penal Code (IPC) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act. 

However, the High Court directed that the accused should instead be tried under Section 9/10 of the POCSO Act, which pertains to serious sexual assault, in addition to the lesser charge of Section 354-B IPC, which involves assault or use of criminal force with intent to disrobe.

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The court, while partially allowing the criminal revision petition, said, "The allegations levelled against accused Pawan and Akash and the facts of the case do not make out the offence of attempt to rape in this case. As per the prosecution, accused Pawan and Akash grabbed the breasts of the 11-year-old victim and Akash broke the string of her pyjama and tried to drag her under the culvert, but due to the intervention of passersby/witnesses, the accused fled from the spot leaving the victim behind. They have not committed the offence of rape." 

'NCW should go to Supreme Court', says Rajya Sabha MP Rekha Sharma

Rajya Sabha MP Rekha Sharma said that the National Commission for Women should approach the Supreme Court based on Allahabad HC's observation.

"If the judges are not sensitised, then what will the women and children do? They should see the intention behind an act. NCW should go to the Supreme Court against this. Judges should be told that they can't make such judgements. This is totally wrong, and I am against it," she said.

(With inputs from agencies)