SC stays Allahabad HC’s ‘grabbing of breast, pulling string not rape’ ruling

The Supreme Court stays Allahabad HC observations which said mere grabbing of breast, pulling string of 'pyjama' do not amount to offence of rape, a PTI alert said.

A bench of Justices B R Gavai and Augustine George Masih observed that some of the observations made in the HC order were insensitive and had an inhuman approach. SC also issued a notice to the Centre, Uttar Pradesh government and others asking for responses in the suo motu proceedings on the Allahabad HC March 17 order.

“We are pained to state that it shows total lack of sensitivity on the part of the author of the judgment," SC said.

On March 17, the Allahabad HC ruled that only grabbing the breast and pulling the pyjama string falls under the charges of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked instead of rape. The HC order was passed by Justice Ram Manohar Narayan Mishra. The case was initially moved before the court of Special Judge, POCSO Act, alleging that around 5:00 pm on November 10, 2021. The accused, Pawan, Akash and Ashok, tried to allegedly assault the minor victim over the promise of dropping her at her residence.

The court in its order said, “In the present case, 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 and for that purpose, they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident.”

The order quoted by PTI further said, “This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on the victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim.”

"There is no allegation that the accused tried to commit penetrative sexual assault against the victim," the court said.

"The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination," the court added.