Supreme Court Stays Allahabad HC’s Controversial Observations on Sexual Assault Case

While halting the Allahabad HC order, the apex court strongly criticized the remarks, calling them “totally insensitive” and reflective of an “inhuman approach.”
Supreme Court
Supreme Court
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New Delhi- The Supreme Court on Wednesday stayed the Allahabad High Court's observations that stated mere grabbing of the breast and pulling the string of a 'pyjama' do not amount to the offense of rape.

While halting the Allahabad HC order, the apex court strongly criticized the remarks, calling them “totally insensitive” and reflective of an “inhuman approach.”

A bench headed by Justice B.R. Gavai expressed deep concern over the judgment, stating, “We are pained to note that it shows a total lack of sensitivity on the part of the author of the judgment.”

The Supreme Court took suo motu cognizance of the Allahabad HC ruling on Tuesday. The controversial judgment, as reported by PTI, ruled that acts such as grabbing a woman's breast and breaking the string of a 'pyjama' do not constitute rape but fall under the offense of assault or the use of criminal force with intent to disrobe or compel a woman to be naked.

The ruling was delivered by a single-judge bench of Justice Ram Manohar Narayan Mishra, who modified the summons order issued by the Special Judge POCSO Court in Kasganj. The court stated that the summons based on charges of rape was not legally justified and ordered a fresh summons under different sections, according to ANI.

The case pertains to an incident in Uttar Pradesh’s Kasganj district. According to ANI reports, the accused, identified as Pawan and Akash, allegedly grabbed the minor victim’s breasts, tore the string of her pyjama, and attempted to drag her beneath a culvert. However, a passerby intervened, prompting the accused to flee the scene.

A case was registered at Patiyali police station, and legal proceedings are ongoing.

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