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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Bengal: On way to PM's rally, 3 mowed down by train amid dense fog
Kolkata (PTI): Three persons died and three others were injured after being hit by a train amid dense fog on Saturday, while travelling to attend Prime Minister Narendra Modi's rally at Taherpur in West Bengal's Nadia district, a senior official said.
The incident occurred between Taherpur and Badkulla railway stations under the Sealdah-Krishnanagar section of Eastern Railway, he said.
Modi, whose helicopter could not land at Taherpur due to dense fog and low visibility, condoled the death of the “BJP workers” in his virtual address from Kolkata airport.
“I have come to know that some BJP workers, while travelling to the rally, lost their lives in a rail accident. My condolences are with the families of those who have lost their loved ones, and I pray for the speedy recovery of the injured,” Modi said.
The Eastern Railway official told PTI that the incident occurred in the morning when these people, who were travelling by a bus, had stopped the vehicle and walked to the railway tracks to answer nature's call.
"While three persons died on the spot, two others with injuries were admitted to a local hospital," he said.
Another person with minor injuries was released after having been administered first aid, the official said.
The deceased have been identified as Ramprasad Ghosh (74), Shaktipada Sutradhar (55) and Gopinath Das (38).
Meanwhile, Mahua Moitra, Trinamool Congress MP from Krishnanagar constituency in Nadia district, alleged that the BJP ignored the incident and went ahead with the rally.
"Terrible tragedy hushed up at altar of @narendramodi ego. @BJP4India supporters brought from far Murshidabad for PM rally in Ranaghat today," she said in a post on X.
"4 went to answer nature's call and were killed by 31814 down local train near Taherpur. BJP ignored, blacked out & went ahead with rally," Moitra claimed.
Reacting to her remarks, the West Bengal BJP, in a post on X, asserted that the TMC "has always been adept at milking tragedies", and was being "disrespectful to the unfortunate victims of this tragedy".
The TMC alleged that BJP leaders have not shown "neither concern nor compassion" over the mishap.
"The loss of three lives in Taherpur should have united everyone in grief. But @BJP4India leaders showed neither concern nor compassion," it said in another post on X.
"At this painful moment, Smt @MamataOfficial and Shri @abhishekaitc put humanity above party lines and stood beside the families of the deceased," the party said.
TMC’s on-ground leaders promptly reached out to the grieving family members, ensuring them of help and assistance, it said.
"While Delhi’s rulers chase Bengal with arrogance, our leadership chose empathy. This is the difference between politics of power and politics of people!" the TMC added.
