In a big development on the controversial Allahabad High Court's "grabbing breasts not rape attempt" comment, the Supreme Court has taken suo motu cognisance.
According to Bar and Bench, a bench of Justices B.R. Gavai and Augustine George Masih will hear the case in the apex court on Wednesday.
What Was The Controversy?
On March 17, a contentious remark by Allahabad High Court Judge has ignited a nationwide debate. The judge stated that merely "grabbing someone's breast and pulling the string of pyjama" do not amount to the offence of rape.
Justice Ram Manohar Narayan Mishra had passed the order on a revision petition filed by two persons, who had approached the court challenging the order of a special judge of Kasganj, by which the court had summoned them under Section 376 of the Indian Penal Code, among other sections.
The High Court ordered that the accused need to be tried under Section 354-B (assault or use of criminal force with intent to disrobe) of the IPC along with Sections 9 and 10 (aggravated sexual assault) of the POCSO Act.
The Case
Accused Pawan and Akash grabbed the breasts of the 11/12-year-old girl. Then one of the accused, Akash, broke the string of the girl's pyjama and tried to drag her under the culvert.
However, when passersby intervened, both the accused fled from the spot. Challenging these charges, the accused told the High Court that this case in no way constitutes the offence of "attempt to rape".
Earlier, the trial court in the case had invoked Section 376 of the IPC and Section 18 of the POCSO Act, citing the alleged attempt to commit sexual assault on a minor.
However, the High Court changed it and said there was no evidence that the accused had shown determination to commit rape beyond preparation.
The High Court further said, "The specific allegation against Akash is that he tried to drag the victim beneath the culvert and broke the string of her pyjama. It is also not stated by witnesses that due to this act of the accused, the victim got naked or got undressed. There is no allegation that the accused tried to commit penetrative sexual assault against the victim."
