GUWAHATI: The Calcutta High Court has ruled that an attempt by a man to grope a minor girl's breast while under the influence of alcohol does not constitute attempted rape under the Protection of Children from Sexual Offences (POCSO) Act, 2012. Instead, the act was categorised as an attempt to commit aggravated sexual assault due to the absence of penetrative acts.
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According to a LiveLaw report published on Saturday, April 26, the division bench comprising Justices Arijit Banerjee and Biswaroop Chowdhury passed the order after reviewing the evidence presented before the trial court. The bench observed that the testimonies of the victim and the medical examination report did not indicate any penetration or attempt to penetrate by the accused.
Therefore, the court stated that the evidence could support a charge of aggravated sexual assault under Section 10 of the POCSO Act, but not attempted rape.
The petitioner had been convicted under Section 10 of the POCSO Act, alongside Sections 448, 376(2)(c), and 511 of the Indian Penal Code (IPC), and sentenced to 12 years of rigorous imprisonment along with a fine of ₹50,000. He filed an appeal for suspension of sentence, arguing that he had been falsely implicated and that the evidence, even if taken at face value, could not sustain a conviction for attempted rape.
It was also argued that, without penetration, an offence under Section 376 IPC could not be made out. The petitioner’s counsel submitted that, at most, the case could attract punishment under Section 10 of the POCSO Act, which prescribes imprisonment between five and seven years.
The court took into account that the petitioner had been in custody for over two years and four months and that an early hearing of the appeal was unlikely. Considering the nature of the offence and the period of incarceration already served, the court granted bail to the petitioner.
