The Allahabad High Court, while hearing an 'attempt to rape' case from Uttar Pradesh, had said the sole act of 'grabbing a minor's breasts' did not amount to rape.
The Supreme Court has stayed the Allahabad High Court's recent observation that 'grabbing minor's breasts' is not attempt to rape. The Supreme Court bench, comprising Justices BR Gavai and Augustine George Masih, heard the case on Wednesday, reported legal news website Bar & Bench.
The Supreme Court took suo motu cognisance of the controversial observation by the Allahabad High Court that stated grabbing a woman’s breast and pulling the string of her pyjama does not amount to rape. The decision, delivered by Justice Ram Manohar Narayan Mishra on March 17, sparked intense backlash from legal experts and activists, who fear it could set a dangerous precedent.
What The Supreme Court Said
According to Bar and Bench, the two-judge bench was "pained" at the "lack of sensitivity" displayed by the Allahabad HC. "We are pained to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was an application of the mind," the SC said.
We are usually hesitant to grant a stay at this stage. But since observations in paragraphs 21, 24 and 26 are unknown to cannons of law and show an inhuman approach. We stay the observations in said paras," the SC was quoted as saying.
What Was The Case?
The case in question dates back to November 10, 2021, when a woman and her 14-year-old daughter were returning from a relative’s house in a village in Uttar Pradesh. According to the complaint, three men—Pawan, Akash, and Ashok—approached them on a secluded road. When the woman mentioned that they were heading home, Pawan offered to give her daughter a ride on his motorcycle, assuring her that he would safely drop the girl off.
Trusting his word, the woman allowed her daughter to go with Pawan. However, instead of taking her home, the accused allegedly stopped the bike mid-route and began sexually assaulting the minor. According to the victim’s testimony, Akash tried to drag her under a culvert while pulling the string of her pyjamas.
The attack was interrupted when two bystanders heard the girl’s screams and rushed to her aid. The accused reportedly brandished a country-made pistol to intimidate the witnesses before fleeing the scene.
Allahabad High Court’s Controversial Verdict
Following the survivor’s statement and witness accounts, a Special Judge in Kasganj charged the accused under Section 376 (rape) of the Bharatiya Nyaya Sanhita (BNS), among other offences. However, when the accused filed a revision petition, the Allahabad High Court ruled that the allegations did not meet the legal definition of rape or attempted rape.
Citing the specifics of the case, the high court observed: “The allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down the lower garment of the victim. They had broken the string of her lower garment and attempted to drag her beneath the culvert, but due to the intervention of witnesses, they left the victim and fled.”
The court argued that these acts alone did not conclusively prove an intention to commit rape. “Apart from these acts, no other evidence is attributed to the accused that suggests a furtherance of their alleged desire to commit rape on the victim,” the ruling stated.
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