Kolkata20 minutes ago
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The trial court convicted the accused under POCSO and IPC sections.
After Allahabad Highkoi, now the Calcutta High Court has said that trying to touch the breast of a minor girl in a drunken state, there is no attempt to rape under the Prevention of Children from Sexual Offenses (POCSO) Act.
However, the court considered it a serious sexual harassment attempt but granted bail to the accused. The case was heard by the Division Bench (bench) of Justice Arijit Banerjee and Justice Biswaroop Chaudhary.
In fact, the trial court convicted the accused under Section 10 of the POCSO Act and Section 448/376 (2) (C)/511 of the IPC. The court sentenced him to 12 years in jail and a fine of Rs 50,000.
The accused has filed a petition against this. He is in jail for more than two years. The accused had demanded a bailable on this.
About a month ago, the Allahabad High Court also gave a similar decision. The court had said that there is no attempt to rape or rape a minor’s breast, breaking the pulse of his pajamas or dragging it under the culvert.
Allahabad High Court has also given a similar decision Is A woman from Kasganj lodged a complaint in the court on January 12, 2022. It was alleged that on November 10, 2021, she went to Devrani’s house in Patiali, Kasganj with her 14 -year -old daughter. She was returning home in the evening the same day. On the way, Pawan, Akash and Ashok, who live in the village, were found.
Pawan asked the daughter to sit on her bike and leave the house. The mother trusted him on the bike, trusting him. But on the way, Pawan and Akash caught the girl’s private part. Akash tried to draw her under the culvert and broke the string of her pajamas.
Hearing the screams of the girl, Satish and brown passing through the tractor reached the spot. The accused threatened both of them by showing indigenous pistol and escaped. Subsequently, when the victim’s mother went to the house of the accused Pawan’s father Ashok, she abused and threatened. When the police did not register an FIR, they moved to the court.
The High Court said in the judgment- the accused caught the victim’s breasts, broke the pajamas and tried to pull it under the culvert, but they ran away when some people arrived. This does not make a case of rape attempt.
Three questions were raised in this case
- Does catch a girl’s breasts, break the cord of pajamas and try to pull her fall under the category of rape attempt?
- Did the Special Judge use proper judicial discretion while issuing summons?
- The accused party argued that the case was a rage. Because earlier Akash’s mother had lodged an FIR for tampering against the relatives of the complainant on 17 October 2021.
Accused On behalf of the lawyer Ajay Kumar Vasistha argued that the sections imposed on the accused are not correct. At the same time, on behalf of the complainant, advocate Indra Kumar Singh and the state government’s lawyer argued that it is necessary to prove the prima facie case to issue summons and not to have a detailed hearing.
