‘Lack of insensitivity’, says SC as it stays Allahabad HC’s ‘grabbing breasts not rape attempt’ ruling

NEW DELHI: The judgement showed a “lack of sensitivity” on the part of the Allahabad High Court judge, said the Supreme Court on Wednesday as it stayed the ruling, which stated that grabbing a minor girl’s breasts, breaking her pyjama and trying to drag her beneath a culvert would not come under the offence of rape or an attempt to rape.

A bench of Justices BR Gavai and Augustine George Masih said it is a “serious matter” and “total insensitiveness” on the part of the judge who passed the judgement.

“It is a serious matter. Total insensitiveness on the part of the judge. This was at the stage of issuing summons. We are sorry to use such harsh words against the judge,” said Justice Gavai.

The apex court had taken suo motu cognisance of the issue after senior advocate Shobha Gupta, through the organisation ‘We the Women of India’, brought to the notice of the Chief Justice of India the March 17 order of the Allahabad High Court.

“We are at pains to state that it shows total lack of sensitivity on the part of the author of the judgement. It was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was application of mind. We are usually hesitant to grant a stay at this stage. But since observations in paragraphs 21, 24 and 26 are unknown to tenets of law and show an inhuman approach. We stay the observations in said paras,” the apex court ordered.

The apex court also issued notice to the Centre, the state of Uttar Pradesh, and the parties in the matter before the High Court. It also sought the assistance of Attorney General of India R. Venkataramani and Solicitor General Tushar Mehta in the matter.

It directed the Supreme Court Registry to convey its order to the Allahabad High Court Registry for placing it before the High Court Chief Justice for necessary action and listed the case for hearing after two weeks.

The mother of the minor victim, who also approached the apex court against the High Court order, was given liberty to implead herself in the case.

In its March 17 order, Justice Ram Manohar Narayan Mishra of the High Court had modified the charges against the two accused, who were originally summoned to stand trial under Section 376 IPC (rape) and Section 18 (punishment for attempt to commit an offence) of the Protection of Children from Sexual Offences (POCSO) Act.

The High Court, however, directed that the accused be tried under the lesser charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe), along with Sections 9/10 of the POCSO Act (aggravated sexual assault).

The High Court order stated, “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 the string of her lower garments and tried to drag her beneath the culvert, but due to the intervention of witnesses, they left the victim and fled away from the place of the 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.” (ANI)