Grabbing breasts, snapping pyjama string is aggravated sexual assault, not attempt to rape: HC
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Prayagraj: The Allahabad High Court has ruled that grabbing the breasts of an 11-year-old girl, breaking her pyjama string, and attempting to drag her beneath a culvert constitute aggravated sexual assault but do not amount to rape or an attempt to rape.
The incident took place in 2021 when the accused, Pawan and Akash, allegedly offered a lift to the child before assaulting her. However, they fled when passers-by intervened. Initially, the Kasganj trial court directed that they face charges under s. 376 of the Indian Penal Code (IPC) for rape and s. 18 of the POCSO Act.
A single-judge bench of Justice Ram Manohar Narayan Mishra modified the charges, ruling that the accused should be tried under s. 354-B IPC (assault or use of criminal force with intent to disrobe) along with ss. 9/10 of the POCSO Act (aggravated sexual assault). The court noted that for a charge of attempt to rape, the prosecution must establish that the act had gone beyond mere preparation.
"The allegations hardly constitute an offence of attempt to rape. There is no allegation that the accused tried to commit penetrative sexual assault against the victim," the court stated. It also observed that the victim did not get undressed due to the accused's actions, which was a factor in determining the charges.
The third accused, Ashok, father of Pawan, was summoned under ss. 504 and 506 IPC for allegedly abusing and threatening the complainant when she reported the incident.
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Accused in Bihar’s ₹25 cr. Tanishq heist killed in encounter, three STF personnel injured
Patna: An accused in the ₹25 crore heist at a Tanishq jewellery showroom in Bihar’s Arrah was killed in an encounter with the Special Task Force (STF) on Saturday. The joint operation, conducted by the STF, Patna Police, and local officials, resulted in injuries to three STF personnel.
According to reports, the accused was asked to surrender but continued firing at the security forces, leading to the encounter. He was taken to a hospital in Narpatganj, where doctors declared him brought dead. His identity has not yet been disclosed by the police.
The heist took place on March 10 when a group of armed men stormed the showroom, overpowering security personnel and holding staff and customers hostage at gunpoint. CCTV footage from the incident shows the assailants, some wearing masks, forcing people to raise their hands while looting gold, silver, and diamond jewellery. The criminals, who arrived in a car parked across the street, first attacked the security guard, snatched his weapon, and then proceeded to ransack the showroom before escaping.
While local reports estimate the value of the stolen jewellery at ₹25 crore, the police have yet to confirm the exact amount. Authorities continue their investigation to apprehend the remaining suspects.
बिहार के अररिया में एनकाउंटर, तनिष्क शोरूम लूट कांड का आरोपी ढेर, STF के 3 जवान भी जख्मी।पुलिस अधिकारी ने बताया कि एनकाउंटर में एसटीएफ के तीन जवान भी घायल हुए हैं. जिस अपराधी को गोली लगी थी, उसकी क्रिमिनल हिस्ट्री थी.#Bihar #BiharNews #Encounter @ArariaP @bihar_police pic.twitter.com/8E8vkFz38t
— FirstBiharJharkhand (@firstbiharnews) March 22, 2025
