The Allahabad High Court on March 17 ruled that mere grabbing of the breast and pulling the ‘pyjama’ string do not amount to offence of rape but such offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.
The Supreme Court of India on Wednesday (March 26) stayed the observations made in an order of the Allahabad High Court which said mere grabbing of the breast and pulling the string of a ‘pyjama’ do not amount to offence of rape.
A bench of Justices BR Gavai and Augustine George Masih observed that it was painful to say that some of the observations made in the high court order depicted total ‘insensitiveness’ and an ‘inhuman approach’.
SC bench issued notice to Centre, UP govt
The bench issued notice to the Centre, Uttar Pradesh government and others seeking their responses in the suo motu proceedings initiated over the high court’s March 17 (Monday) order. The apex court has taken cognisance on its own of the controversial order.
The high court on March 17 ruled that mere grabbing of the breast and pulling the ‘pyjama’ string do not amount to offence of rape but such offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.
The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a special judge of Kasganj by which the court had summoned them under section 376 (rape) of the Indian Penal Code apart from other sections.
Know key facts of case heard by Allahabad High Court
According to facts of the case, an application was moved before the court of Special Judge, POCSO Act, alleging that around 5:00 pm on November 10, 2021, she (informant) was returning from the home of her sister-in-law (husband’s sister) along with her minor daughter aged about 14 years.
Accused Pawan, Akash and Ashok, who were from her village, met her on the way on a muddy road and asked where she was coming from. When she replied she was coming from her sister-in-law’s place, Pawan offered a lift to her daughter, assuring her that he would drop her at her residence. Relying on his assurance, she permitted her daughter to accompany him on his motorcycle.
The accused persons stopped their motorcycle on the muddy way to her village and started grabbing her breasts. Akash dragged her and tried to take her beneath the culvert and pulled the string of her pyjama. Two persons reached the spot on hearing the cries of her daughter. The accused persons threatened them with life by pointing a country-made pistol and fled the place. After recording the statement of the victim and the witnesses, the court summoned the accused for offence of rape.
After going through the materials on record, the court found, “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.
“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,” the court said.
Legal experts condemn Allahabad HC ruling on rape
Legal experts earlier deplored the observation of the Allahabad High Court on what constitutes a rape charge, calling for a restraint by judges and underlining the drop in public confidence in the judiciary due to such statements.
The high court ruled that actions like grabbing of breasts and breaking of string of a ‘pyjama’ or lowers of a woman did not amount to rape.
Senior advocate Vikas Pahwa said the interpretation of the Allahabad High Court appeared to set a concerning precedent by narrowly defining what constitutes an attempt to rape. He said that the alleged actions of “grabbing breasts, pulling down the pajamas, and dragging the girl towards the culvert” strongly indicated an intent to commit rape, arguably surpassing mere preparation and entering the realm of attempt to rape.