Controversy Over Allahabad HC Sexual Assault Ruling

The Allahabad High Court's decision to downgrade charges in a case involving the alleged sexual assault of an 11-year-old girl in Kasganj, Uttar Pradesh, has sparked significant controversy. The court ruled that actions such as grabbing the girl's breasts and breaking her pyjama string do not constitute an attempt to rape but rather an 'aggravated sexual assault'. This decision has been heavily criticized by figures such as Union Minister Annapurna Devi and Rajya Sabha MP Swati Maliwal, who argue it undermines efforts to protect women and children from sexual violence. The ruling highlights a legal distinction between the 'preparation' and 'actual attempt' to commit rape, with the court asserting that the prosecution must demonstrate a greater degree of determination to establish an attempt to rape. Critics have called for the Supreme Court to intervene, arguing that such judgments could have adverse societal impacts. The accused, initially facing charges under Section 376 of the IPC and the POCSO Act, will now be tried under lesser charges of Section 354-B IPC and relevant sections of POCSO.