“ Catching Private Part, Breaking Pulse is not a rape … ”, Comments the High Court of Allahabad

High Court of Allahabad:: The high court of Allahabad, while hearing a case of sexual offense, said that a girl was not under the category of crimes under article 376 (rape) of the IPC, but under the intention of raising a private part of a woman and breaking the pulse of her pajami, but under the intention of stripping a woman). The order was adopted by judge Ram Manohar Narayan Mishra while hearing a revision request filed by two people. These accused had filed this revision request disputing an order adopted by the special judge of Kasganj.

According to the facts of the case, a request was made to the court of the Special Judge (Poxo Act), alleging that on November 10, 2021, around 5 p.m., the complainant returned from Nand’s house with her 14 -year -old daughter. In the request for deposit, it was alleged that Pawan, Akash and Ashok, who lives in the village of the woman, met her on the way and asked where she came from. According to that, when the woman said that she was coming back from her sister’s house, she asked the daughter to leave the house on a motorcycle. According to that, the woman left the girl with them.

The accused caught the girl’s personal parties

In the request for deposit, it was alleged that the accused stopped the motorcycle on the way and caught the private part of the girl and pulled the girl under the Ponceau where she broke the pulse of the girl’s pajami. According to that, the girl started screaming and after hearing the cry, two people got there, after which the accused threatened to kill him by showing him a weapon and fled from the place. By registering the declaration of the victim girl and witnesses, the lower court issued an assignment to the accused for the crime of rape. After examining the facts, the court declared that the allegation against the accused in the current case against Pawan and Akash is that they caught the private part of the girl and tried to strip her, but because of the intervention of the witnesses, they left the girl and escaped the place.

The court, in its decision on March 17, said that the accused were determined to violate the girl, it was not enough to withdraw a reference. The allegation against Akash is only that he tried to take the daughter under the Ponceau and broke the pulse of his pajami. The court said that there was not such allegation that the accused had violated the daughter. The allegations against the accused Pawan and Akash and the facts of the case do not become a case of rape. The court said that, taking into account the facts of the case, an assignment should be issued against the accused under article 354 (b) and article 9 of the Poxo law, which inflicts a sanction for a serious sexual offense with a minor child.

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