SC Slams Allahabad High Court for Ruling, Grabbing Breasts and Pulling Pajama String Not Rape

The Supreme Court has stayed the controversial order given by the Allahabad High Court regarding the rape case. In fact, the High Court had said in the order that grabbing the girl's breasts and breaking the string of her pyjamas is not enough to accuse her of attempted rape. During the hearing in the Supreme Court, questions were raised on the sensitivity of the judge who wrote the order.

SC slams Allahabad HC 

The Supreme Court said, 'We are saddened to see that this decision shows a lack of sensitivity in the writer. This decision was not taken immediately, but was pronounced after 4 months of keeping it reserved. We usually hesitate to adjourn at this stage, but the things said in paras 21, 24 and 26 are not in the law and it shows a lack of humanity. We ban the comments made in these paras.'

HC's Verdict on Sexual Offenses

An organization named 'We the Women of India' had objected to this decision and brought it to the Supreme Court. Later, the apex court took suo motu cognizance of it. A bench of Justice BR Gavai and Justice Augustine George Masih has stayed this order given by the Allahabad High Court.

SC angered by Allahabd HC Order

Also, the Supreme Court has sought response from the Central Government and Uttar Pradesh Government in this matter. Also, cooperation has been sought from Attorney General R Venkataramani and Solicitor General Tushar Mehta. The special thing is that on March 24, the bench of Justice Bela Trivedi and Justice Prasanna B Varale refused to hear the PIL filed against the order of Allahabad High Court.

Who pronounced the verdict?
A bench of Justice Ram Manohar Narayan Mishra of the High Court made this remark while partially accepting the revision petition filed by two accused. In their petition, the accused had challenged the lower court's order, which asked them to face trial under Section 18 of the Protection of Children from Sexual Offences (POCSO) Act along with Section 376 (attempt to rape) of the Indian Penal Code (IPC).

A single bench of the high court had said, "According to the prosecution, the mere fact that two accused, Pawan and Akash, grabbed the breasts of the victim. One of them broke the string of her pyjama and attempted to drag her under the culvert but fled on the intervention of passersby or witnesses is not sufficient to bring the case under section 376, 511 IPC or section 376 IPC read with section 18 of POCSO Act."

The order further said that to allege attempted rape, the prosecution would have to establish that the act had gone beyond the preparatory stage.