Thu Mar 20 09:33:00 UTC 2025: ## Allahabad High Court Sparks Outrage After Downgrading Charges in Child Sexual Assault Case
**Lucknow, India** – A ruling by the Allahabad High Court has ignited a firestorm of controversy after it downgraded charges against two men accused of assaulting an 11-year-old girl in Kasganj, Uttar Pradesh. The court ruled that grabbing the girl’s breasts and tearing her pajama string, while constituting aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, did not amount to attempted rape.
The incident occurred in 2021 when Pawan and Akash allegedly offered the girl and her mother a ride on their motorbike. The prosecution claims the men then grabbed the girl’s breasts, tore her pajama string, and attempted to drag her under a culvert. Passersby intervened, causing the men to flee.
Initially, a trial court charged Pawan and Akash with rape and offenses under the POCSO Act. However, Justice Ram Manohar Narayan Mishra of the Allahabad High Court overturned these charges on Monday. The judge argued that the prosecution hadn’t provided sufficient evidence to prove an intent to rape, citing a lack of penetration and the absence of explicit witness testimony stating the girl was completely undressed. The court instead charged the men with assault or use of criminal force with intent to disrobe (Section 354(b) IPC) and aggravated sexual assault under Section 9 of the POCSO Act.
The decision has drawn sharp criticism, with legal experts and the public questioning the court’s interpretation of intent in sexual assault cases. Senior lawyer Indira Jaisingh called for a suo moto intervention by the Supreme Court, highlighting the gravity of the situation. Many on social media echoed this sentiment, questioning what actions would constitute an intent to rape if these did not.
The accused’s counsel argued that the trial court’s role at the charge-framing stage is not to meticulously evaluate evidence but to determine if there is sufficient cause for trial. However, this argument has failed to quell the growing public outrage over the perceived leniency of the High Court’s ruling. The case now raises serious questions about judicial interpretation of sexual assault laws and the protection of child victims in India.
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