‘No place in civilised society’: Union minister Annapurna Devi demands SC action on Allahabad HC’s ‘not rape’ judgement

Union Minister Annapurna Devi on Friday condemned the Allahabad High Court's judgment in an “attempt to rape” case, saying that such views have “no place in a civilised society”. She also urged the Supreme Court to take action in the matter.

In an order on Thursday, March 20, the Allahabad High Court altered the charges against two rape accused, ruling that their crime was not an attempt to rape but “aggravated sexual assault”.

The court was hearing a case against Pawan and Akash, who had allegedly grabbed a minor's breast and broke her pyjama's string.

Devi said she “completely disagreed” with the verdict and called for the Supreme Court to take cognizance of the matter. “I am completely against this decision, and the Supreme Court should take serious note of it. Such a ruling has no place in a civilized society,” she told PTI Videos.

The Union Minister also warned that this judgement could send a wrong message to society. “Somewhere, this will have a negative impact on society, and we will discuss this matter further,” she said.

Swati Maliwal, former DCW chief and AAP MP, also slammed the high court judgement, calling it “very unfortunate”. She told NDTV, “I am very shocked at the comments made in the judgment. It is a very shameful scenario.”

Demanding Supreme Court's intervention, Maliwal said, “How can the act that was committed by those men can not be taken as an act amounting to rape? I don't understand the logic behind this judgment. The Supreme Court needs to step in.”

About the case

The case involved an 11-year-old girl in Uttar Pradesh's Kasganj who was attacked in 2021 by two men — Pawan and Akash.

The accused allegedly grabbed her breasts, tore her pyjama string and attempted to drag her under a culvert while she was walking with her mother.

The assailants fled when the passers-by intervened upon hearing her screams.

The accused were initially summoned to face trial under Section 376 IPC (Rape) and Section 18 of the POCSO Act.

However, the high court, instead, directed that the accused be tried under the minor charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe) read with Sections 9/10 of the POCSO Act (aggravated sexual assault).

The Allahabad High Court observed that grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape, Live Law reported.