This is HEARTBREAKING 💔 Allahbad High Court

The Allahabad High Court has ruled that the actions of two individuals, involved in a 2021 incident where they allegedly assaulted an 11-year-old girl in Kasganj, Uttar Pradesh, do not constitute an attempt to commit rape.

The incident involved grabbing the victim’s breasts, breaking her pyjama string, and attempting to drag her beneath a culvert. The intervention of passersby prevented further actions and the accused fled the scene.

Initially, the trial court in Kasganj directed that the accused Pawan and Akash be tried under Section 376 of the Indian Penal Code (IPC for rape and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act.

However, the High Court, led by Justice Ram Manohar Narayan Mishra, modified the charges to Section 354-B IPC, which pertains to assault or use of criminal force with intent to disrobe, alongside Sections 9/10 of the POCSO Act, which cover aggravated sexual assault.

Justice Mishra explained that for charges of an attempt to rape to be applicable, the prosecution must demonstrate that the actions of the accused went beyond mere preparation to an actual attempt, with a clear indication of determination to commit the offence.

In this case, the court found no substantial evidence that the accused intended to commit penetrative sexual assault, as the victim was not disrobed nor subjected to such an assault.
Furthermore, a third individual, Ashok-who is Pawan’s father-was implicated when the victim’s family approached him post-incident. He reportedly responded with verbal abuse and threats.
Consequently, he has been summoned under Sections 504 and 506 of the IPC, which relate to intentional insult with intent to provoke breach of the peace and criminal intimidation, respectively.
This legal interpretation and subsequent ruling have sparked discussions on the adequacy of legal protections for children and the criteria used to define and prosecute sexual assault and rape cases under Indian law.

#India #Accused #Victim #Woman #Girl #Child #Court #Law #Judge #Bizarre #Men #Allahabadh #UttarPradesh #prayagraj

Видео This is HEARTBREAKING 💔 Allahbad High Court канала The Unedited Media