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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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
