Overview

• 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.