SC takes suo moto notice of HC verdict on ’grabbing breasts, breaking pyjama string not rape attempt’

A day after Supreme Court refused to entertain a plea challenging the Allahabad High Court’s controversial ruling on rape, the top court has taken a suo moto cognizance of the verdict. A bench of Justices BR Gavai and Augustine George Masih is slated to hear the matter on Wednesday, March 26.

The Allahabad HC verdict, passed by Justice Ram Manohar Narayan Mishra, had stated that “grabbing a minor girl’s breasts, breaking her pyjama string did not amount to rape or an attempt to rape but serious sexual assault”, triggering reactions.

The high court verdict came as it was hearing a Protection of Children from Sexual Offences (POCSO) case of alleged rape of a minor girl.

The accused, identified as Pawan and Akash, allegedly grabbed the breasts of an 11-year-old girl, tearing her pyjama string and attempted to drag her beneath a culvert in Uttar Pradesh's Kasganj. The accused fled from the spot after a passer-by came to her rescue.

The high court also directed that the accused in the case should be tried under Section 9/10 (serious sexual assault) of POCSO Act along with the minor charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe).

The court said, “The allegations levelled against accused Pawan and Akash and the facts of the case do not make out the offence of attempt to rape in this case.”

The ruling prompted strong reactions from Union Minister Annapurna Devi, Rajya Sabha MP Swati Maliwal and legal experts who called for the Supreme Court intervention in the case.

Union Minister for Women and Child Development Annapurna Devi said she “completely disagreed” with the verdict and called for the Supreme Court to take cognizance of the matter. “Such a ruling has no place in a civilized society,” she told PTI.

Swati Maliwal called the verdict “shameful” and said, “What message do they want to give to society? That a young girl can be subjected to such horrific acts, and it still won't be considered rape?”