It is to be noted that the HC had on April 11 granted bail in a rape case, observing the complainant “herself invited trouble” by agreeing to go to the applicant’s house after getting drunk.The accused was arrested in December, 2024, for the alleged rape of the woman pursuing MA from Amity University, Noida campus, and has been in prison since then.Earlier, on March 17, the High Court observed actions such as grabbing a child victim’s breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert before fleeing do not constitute the offence of rape or attempt to rape. In this case, according to the prosecution, the accused, Pawan and Akash, allegedly grabbed the breasts of the 11-year-old victim. Thereafter, one of them broke the string of her pyjama and attempted to drag her beneath a culvert.However, before they could proceed further, the intervention of passers-by forced them to flee, leaving the victim behind.The High Court altered the charges against the two accused, who were originally summoned to stand trial under Section 376 IPC (Rape) and Section 18 (Punishment for attempt to commit an offence) of the Protection of Children from Sexual Offences (POCSO) Act.The High Court instead directed that the accused be tried under the lesser charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe), along with Sections 9/10 of the POCSO Act (aggravated sexual assault).The top court deferred the case for four weeks.
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