The Supreme Court has taken suo motu cognisance of the Allahabad High Court’s ruling, which stated that grabbing a minor’s breasts and breaking her pyjama string did not constitute rape or an attempt to rape.
A day after declining to hear a plea challenging the Allahabad High Court’s ruling that “grabbing a minor girl’s breasts and breaking her pyjama string” did not amount to rape or an attempt to rape, the Supreme Court on Tuesday took suo motu cognisance of the judgment. A bench comprising Justices B R Gavai and Augustine George Masih is set to hear the matter on Wednesday. Earlier, another bench of Justices Bela Trivedi and Prasanna B Varale had refused to entertain a petition challenging the high court’s ruling.
The case involves two men, Pawan and Akash, who were accused of sexually assaulting a minor girl while she was walking with her mother. According to the prosecution, the accused allegedly grabbed the girl’s breasts, tore the string of her pyjama, and attempted to drag her under a culvert. They were initially charged under Section 376 of the IPC (rape) and relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act.
However, the Allahabad High Court ruled that their actions did not constitute rape or an attempt to rape but instead amounted to aggravated sexual assault, which carries a lesser punishment under Section 354(B) of the IPC and Section 9(m) of the POCSO Act. The court reasoned that an attempt to commit rape must go beyond the stage of preparation and demonstrate a greater degree of determination. It noted that there was no evidence to suggest that the accused had tried to commit penetrative sexual assault.
“The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjama. However, witnesses have not stated that the victim was left undressed or naked due to the accused’s actions. There is no allegation that the accused attempted penetrative sexual assault,” the high court observed.
Citing these factors, the court concluded that the allegations and circumstances did not meet the legal threshold for an attempt to rape.
(With agency inputs)
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