New Delhi: The Supreme Court has taken cognisance on its own of a controversial Allahabad High Court ruling that mere grabbing of the breast and pulling the string of a ‘pyjama’ do not amount to offence of rape.
A bench of Justices B R Gavai and Augustine George Masih is slated to hear the matter on Wednesday.
Legal experts had 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 on March 17 had 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 of IPC apart from other sections.
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 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. 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,” it said.