Act Of Accused Taking Off His Own & Victim’s Trousers Without Penetration Amounts To Sexual Assault Under POCSO, Not ‘Attempt To Rape’: J&K High Court

The Jammu and Kashmir High Court has held that the act of an accused to take off his own and victim’s trousers, in the absence of penetration, does not amount to ‘attempt to rape’ within the meaning of Section 376/511 of IPC. However, the Court has said that the act may amount to sexual assault under Section 7/8 of the POCSO Act.