What is the controversial judgment of Allahabad High Court?
A judgment of the Allahabad High Court is making many headlines these days. People are criticizing the judge on social media. The reason is that the judge has said in his judgment that touching the private parts of a girl, pulling her lower clothes and forcibly taking her to a secluded place cannot be considered an attempt to rape. People are not able to understand this judgment.
In fact, sometimes the legal definitions are so technical that it becomes difficult for people who understand with common sense to believe it.
There is a definite definition of every crime in the law. There are some elements of a crime. The court first sees whether those elements are fulfilled or not. The reason for making a technical definition is to have uniformity in the decision. But sometimes its result is very strange. Before this, many controversial decisions have been made like the ‘Skin to Skin’ judgement by another High Court.
First of all, let us see what the case was? Two boys together did such acts with an 11-year-old girl and started taking her to a more secluded place. But in the meantime, people passing by noticed them. Seeing the people, both the boys left the girl and ran away. The case started on the basis of the statement of the girl and those passersby (witnesses).
The trial court held them guilty of attempted rape and initiated a case under relevant sections of the IPC and the POCSO Act. However, the accused appealed to the Allahabad High Court to change the section.
The High Court made the following observation:
1. Even if the statements of the prosecution (the girl and her witnesses) are to be believed, it does not prove that both of them had the intention to rape. The accused did not make any such change in themselves (such as removing their clothes);
2. The girl was not disrobed;
The court further said that an attempt is a further step in preparation and toward the commission of offences. But in this case, nothing like this could be proved. Since neither the intention of the accused could be proved nor the attempt, they can be tried for other crimes instead of attempted rape. Therefore, they can be tried not under 376 IPC (rape) and 18 POCSO (punishment for attempted crimes) but under 354B IPC (assault or use of criminal force with intent to disrobe) and POCSO Act (sections 9-10) for aggravated sexual assault. The court has ordered the trial court to try the case under these sections.
These sections have less punishment and this is the root cause of the controversy. Technically, it may not be an attempt to rape, but from a normal person’s point of view, it cannot be anything other than this.
This has become another unique example of the difference between technicalities and common sense in the field of law.
Case Name– Akash & Ors V. State of UP & Ors Criminal Revision No.- 1449 of 2024
Judgment Date– 17 March 2025 (The case was reserved for judgment on 13 March)
Court– Allahabad High Court
Judge- Ram Manohar Narayan Mishra, Justice
