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2025 Supreme(All) 79
IN THE HIGH COURT OF ALLAHABAD
RAM MANOHAR NARAYAN MISHRA, J.
Akash And 2 Others - Appellants
Versus
State Of U.P. And Others - Respondents
Criminal Revision No.1449 of 2024
Decided on : 17-03-2025
Advocate Appeared:
For the Appellant : Ajay Kumar Vashistha
For the Respondent: G.A., Indra Kumar Singh
Insufficient evidence for charges of attempt to commit rape under IPC and POCSO Act; modification to lesser charges established.
Headnote:
(A) Indian Penal Code - Sections 376, 504, 506, 354, 375 - Protection of Children from Sexual Offences Act, 2012 - Sections 9, 10, 18 - Summoning order challenged - Revisionists accused of attempt to commit rape and other charges - Court finds insufficient grounds for charges under Section 376 IPC and Section 18 of POCSO Act - Charges modified to minor offences under Sections 354(b) IPC and relevant POCSO sections. (Paras 1, 26, 29)
Facts of the case:
The informant alleged that her minor daughter was assaulted by the revisionists while they were returning home. The accused attempted to drag the victim and assaulted her, leading to a complaint filed under various sections of IPC and POCSO Act. (Paras 3, 4)
Findings of Court:
The court determined that the allegations did not meet the threshold for attempt to commit rape, and instead found a prima facie case for lesser charges. (Paras 26, 29)
Issues: Whether the allegations constituted an offence under Section 376 IPC or merely a lesser offence. (Paras 26, 29)
Ratio Decidendi: The court held that mere allegations of grabbing and attempted dragging do not constitute an attempt to rape, emphasizing the need for evidence of intent beyond preparation. (Paras 26, 27)
Result: The revision is partly allowed, and the summoning order is modified to reflect lesser charges.
Hon'ble Ram Manohar Narayan Mishra,J.
1. Instant Criminal Revision has been preferred against the summoning order dated 23.06.2023 passed by learned Special Judge POCSO Act, Kasganj in Complaint Case No.23 of 2022, P.S. Patiyali, District Kasganj. Whereby the revisionist Nos.1 and 2 namely Akash and Pawan have been summoned to face trial for charge under Sections 376 IPC read with Section 18 of POCSO Act, and also summoned revisionist No.3 Ashok for charge under Sections 504 and 506 IPC .
2. Heard Sri Ajay Kumar Vashistha, learned counsel for the revisionists, Sri Indra Kumar Singh, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.
3. The factual matrix of the case in brief are that informant Asha Devi wife of Mahadev filed an application under Section 156(3) Cr.P.C. bearing date 12.01.2022 before the court of Special Judge, POCSO Act, with allegation that on 10.11.2021 at around 05:00 pm she was returning from the home of her sister-in-law (nanad) alongwith her minor daughter aged about 14 years. Accused Pawan, Akash and Ashok met her on the way on muddy road and asked her from where she was coming, as they are her co-villagers. When she stated that she was coming from the place of her sister-in-law accused Pawan offered a lift to her daughter with assurances that he would drop her at residence and placing reliance on his assurance, she permitted her daughter to company him on his motorcycle. The accused persons had stopped their motorcycle on muddy way, on way to her village they started grabbing her breasts and Akash dragged her and tried to take her beneath the culvert and broke the string of her pyjami. The witnesses Satish and Bhurey who were coming behind on a tractor reached the spot on hearing cries of her daughter. The accused persons threatened him with life by pointing a country made pistol to them and fled away from the place. When the applicant came to the place of Pawan to make a complaint, his father Ashok abused and threatened her with life, she went to police station to lodge an FIR on next day, but no action was taken.
4. Learned court below vide order dated 21.03.2022 treated the application as complaint and proceeded with the case as a complaint case. Learned court below after recording statements of the complainant under Section 200 Cr.P.C. and her witness Satish under Section 202 Cr.P.C. summoned the accused Pawan and Akash under Sections 376 IPC readwith Section 18 of POCSO Act and accused Ashok under Section 504 and 506 IPC The accused persons feeling aggrieved by the summoning order has filed present revision before this Court.
5. Learned counsel for the revisionist submitted that revisionist No.1 is a cousin (mausera bhai) of revisionist No.2 and nephew of revisionist No.3, revisionist No.2 is the son of revisionist No.3 so both are son and father. As the revisionists are closely hit family members, commission of such type of incident by them does not look natural. In fact mother of revisionist No.1 Smt. Ranjana has lodged an FIR against four persons namely Rajeev, Shailendra, Sukhveer, and Videsh vide Case Crime No.209 of 2021 under Sections 354 (b) , 504 506 IPC at P.S. Patiyali, District Kashganj on 17.10.2021. In said FIR an allegation was made by said Ranjana the mother of revisionist No.1 Akash that named accused persons molested and torn her clothes on 04.11.2021 at around 11:00 am when she had gone to her agricultural field alongwith her son Akash to make kyari (seed plot), they also engaged in marpeeth with her son and abused him. The victim who is mother of revisionist No.1 had supported the FIR version in her statement under Section 161 Cr.P.C. and chargesheet has been filed against named accused persons under Section 354 kha, 504 , 506 IPC .
6. He further submitted that as Sukhveer who is brother-in-law the informant Smt. Rajnana in said police case and real uncle of the victim in the present case is an accused in s
