The Allahabad High Court declared that grabbing a victim's breast and snapping her pyjama string does not amount to rape or an attempt to rape, but rather aggravated sexual assault.

This shocking observation came in the case involving Pawan and Akash, who were accused of assaulting an 11-year-old girl in Kasganj, Uttar Pradesh. The duo allegedly offered the child a lift before attempting to drag her beneath a culvert, tearing her pyjama string in the process. They fled when passers-by intervened.

Initially charged with rape and POCSO Act violations, the High Court ruled that the accused should be tried under Section 354-B of the IPC (assault with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault). The court clarified that to constitute attempted rape, the prosecution must prove actions beyond mere preparation, which was not the case here.

The judges stressed that there was no evidence to suggest that the victim was undressed or subjected to penetrative sexual assault. Furthermore, the court ruled that the accusations did not show the accused's determination to commit rape.

Meanwhile, the third accused, Ashok (Pawan's father), was charged with abusing and threatening the victim after the incident.

This ruling has sparked a serious debate over the interpretation of sexual assault laws in India. What are your views about it?