The Supreme Court on Wednesday stayed the controversial order of Allahabad high court, which observed that acts like grabbing breasts or breaking the string of pyjamas do not constitute an attempt to rape, and the prosecution must go beyond this “stage of preparation” to prove its charges against a rape accused.
The Supreme Court took suo motu cognizance of the case after an organisation ‘We the Women of India’ approached the apex court against the March 17 order of the Allahabad high court.
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The bench of Justices BR Gavai and Augustine George Masih said the judgment showed a “lack of sensitivity” on the part of the high court judge.
“We are pains 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 4 months after reserving the same. Thus, there was an application of mind. We are usually hesitant to grant a stay at this stage. But since observations in para 21,24 and 26 is unknown to cannons of law and shows inhuman approach. We stay the observations in said paras,” Bar and Bench reported, citing the court's order.
The apex court also sought a response from the Centre and the Uttar Pradesh government and also sought the assistance of solicitor general Tushar Mehta and attorney general R Venkataramani.
{{/usCountry}}The apex court also sought a response from the Centre and the Uttar Pradesh government and also sought the assistance of solicitor general Tushar Mehta and attorney general R Venkataramani.
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What did Allahabad high court say?
A bench of Justice Ram Manohar Narayan Mishra passed the controversial order while allowing the accused's criminal revision plea. The high court had directed that the accused be tried under Section 354-B of the IPC (assault or use of criminal force with intent to disrobe) with Sections 9/10 of the Pocso Act (aggravated sexual assault).
The assault took place on November 10, 2021 when the accused offered to drop the victim at her home by taking her on their motorcycle. Her father trusted their assurance and allowed the victim to go with them.
On their way, the three accused stopped their ride and began sexually assaulting the girl. The prosecution charged that the accused grabbed the breasts of an 11-year-old victim, and one of them broke the string of her pyjama and tried to drag her beneath the culvert in UP’s Kasganj. Due to the interference of passersby/witnesses, the accused persons fled from the spot, leaving the victim behind.
The court observed, “The allegations levelled against the accused, Pawan and Akash, and facts of the case hardly constitute an offence of attempt to rape in the case. To bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.”
The judge ruled that such actions were insufficient to establish that the accused intended to commit rape as they did not commit further steps in their attempt. The order also noted that the witnesses did not state that the actions of the accused left the victim naked or undressed.