Allahabad High Court Reclassifies Charges in 2021 Sexual Assault Case Involving Minor
The court ruled that actions by the accused constituted aggravated sexual assault, not attempted rape, and issued revised charges under IPC and POCSO Act.
- The Allahabad High Court downgraded charges against Pawan and Akash from attempted rape to aggravated sexual assault, citing insufficient evidence of intent to commit rape.
- The court ruled that grabbing the victim's breasts and breaking her pyjama string did not qualify as an attempt to rape but as aggravated sexual assault under Section 354-B IPC and Sections 9/10 of the POCSO Act.
- Justice Ram Manohar Narayan Mishra emphasized the need for evidence showing actions beyond preparation to establish an attempt to rape.
- A third accused, Ashok, was summoned under Sections 504 and 506 IPC for allegedly threatening the complainant after the incident.
- The court directed the issuance of a fresh summons with revised charges for all accused, modifying the lower court's earlier summoning order.
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