Grabbing Breasts, Pulling the String of Pyjama is not Attempt to Rape, but Sexual Assault

The Allahabad High Court changed the trial court’s order, stating that the accused should be charged with Section 354-B IPC and Sections 9 & 10 of the POCSO Act instead of Section 376 IPC and Section 18 of the POCSO Act.

The accused were accused of touching the victim inappropriately, pulling the string of her pyjama, and trying to drag her under a culvert before running away. The trial court initially charged them with an attempt to rape.

The Court ruled that the incident was not an attempt to rape but an aggravated sexual assault, directing the trial court to issue a new summons with revised charges.