SC takes suo motu cognisance of controversial Allahabad HC order on attempt to rape

The Supreme Court has taken suo motu cognisance of the Allahabad High Court’s controversial verdict that said mere grabbing of breasts and pulling a pyjama string did not amount to the offence of attempt to rape.

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The matter is listed for hearing before a Bench of Justice BR Gavai and Justice Augustine George Masih on Wednesday.

The high court’s ruling that came earlier this month created outrage with many lawyers and politicians criticising it for being insensitive.

In 2021, accused Pawan and Akash had allegedly attacked an 11-year-old girl in Kasganj, Uttar Pradesh, and grabbed her breasts, snapped her pyjama string and tried to drag her under a culvert after offering to drop her on their bike while she was walking with her mother. The accused managed to flee as passers-by rushed to rescue the minor girl after hearing her screams.

They were summoned by the trial court to face charges to assault or “use of criminal force with intent to disrobe” and aggravated sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

However, Justice Ram Manohar Narayan Mishra of the Allahabad High Court altered charges against the accused from rape and POCSO Act violations to assault and aggravated sexual assault, sparking criticism for the perceived insensitive judgment.

Senior advocate Indira Jaising had demanded the Supreme Court’s intervention to correct the Allahabad High Court’s order.

AAP leader Saurabh Bharadwaj had said, “I feel so ashamed that we have such judgments coming from the High Court.”

Justice Mishra had said, “The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape in the case. In order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination.”

Witnesses did not state that she was naked or undressed as a result of what was done by the accused. “There is no allegation that the accused tried to commit penetrative sexual assault against the victim,” he had said.