Calcutta High Court Clarifies: Groping Breasts is Aggravated Assault, Not Attempt to Rape

The Calcutta High Court suspended a trial court’s verdict, ruling that an attempt to grope breasts constitutes aggravated sexual assault under POCSO, not an attempt to rape. The convict's 12-year sentence may be reduced.

By Ankur Singh Updated: Apr 28, 2025, 12:23 IST

Calcutta High Court: In a crucial verdict impacting sexual offence interpretations under the Protection of Children from Sexual Offences (POCSO) Act, the Calcutta High Court ruled that an attempt to grope breasts constitutes aggravated sexual assault, not an attempt to rape.

A division bench comprising Justice Arijit Banerjee and Justice Biswaroop Chowdhury made this observation while hearing an appeal against a West Bengal trial court’s earlier conviction and sentencing of an accused under the POCSO Act.

The trial court had found the accused guilty of both "aggravated sexual assault" and "attempt to rape," sentencing him to 12 years of rigorous imprisonment.

However, the High Court emphasized that the evidence, particularly the victim’s statement, only suggested an attempt to grope her breasts under the influence of alcohol.

Importantly, the medical examination revealed no signs of penetration or attempt thereof, leading the bench to conclude that the charge of "attempt to rape" was not sustainable under the law.

"Such evidence may support a charge of aggravated sexual assault under Section 10 of the POCSO Act, 2012, but prima facie does not indicate the commission of the offence of attempted rape," the bench observed.

The High Court also noted that if, after a full hearing, the charge is scaled down to only aggravated sexual assault, the punishment range would decrease to five to seven years instead of 12 years, as mandated for attempted rape charges.

The convict, who has already served 28 months in prison, now awaits the final decision. Meanwhile, the court has suspended the conviction and sentence, along with staying the payment of any fine, until the appeal is resolved.

Despite these interim orders, the division bench clarified that their observations should not influence the appeal's final outcome.

This verdict adds an important dimension to how courts differentiate between sexual assault charges, offering greater legal clarity on the application of the POCSO Act.