The Supreme Court on Wednesday stayed the Allahabad High Court’s objectionable order, which declared that actions like fondling breasts or snapping the pyjama string are not an attempt at rape. The top court clarified that the prosecution has to prove that the accused crossed the boundary of mere preparation in order to uphold the charge of attempted rape.
The Supreme Court went suo motu cognizance into the issue after ‘We the Women of India,’ a body, appealed against the Allahabad High Court’s March 17 order. A bench comprising Justices BR Gavai and Augustine George Masih rebuked the judgment, terming it a “lack of sensitivity” on the part of the high court judge.
SC’s Strong Response
Expressing concern at the judgment, the Supreme Court observed, “We are pains to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered 4 months after reserving the same. Therefore, there was an exercise of mind. The bench added, “We are generally reluctant to grant stay at this juncture. But as observations in para 21, 24, and 26 is not known to cannons of law and reflects inhuman approach. We stay the observations in said paras.”
The Supreme Court also sought the replies of the Centre and the government of Uttar Pradesh while seeking the help of Solicitor General Tushar Mehta and Attorney General R Venkataramani.
Details of the High Court Ruling
Allahabad High Court’s provocative judgment was delivered by Justice Ram Manohar Narayan Mishra while giving relief to the accused in a criminal revision petition. The court held that the accused be tried under Section 354-B of the IPC (assault or criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault), rather than attempted rape.
The incident happened on November 10, 2021, when the accused had promised to drop an 11-year-old girl home on their motorcycle after winning her father’s trust. During the journey, they reportedly stopped, raped the victim, touched her breasts, and one of them cut the string of her pyjama while trying to pull her under a culvert in Uttar Pradesh’s Kasganj. The accused left the spot when people passing by intervened.
The high court reasoned its decision by citing, “The allegations made against the accused, Pawan and Akash, and facts of the case barely make up an offence of attempt to rape in the case.”. In order to bring out a charge of attempt to rape, the prosecution must prove that it had passed beyond the stage of preparation. The court also added that the accused did not make further steps required to establish an intention to commit rape and that witnesses had not indicated that the victim was left naked or undressed.
The Supreme Court’s order to suspend the ruling indicates a strong position on the matter, with sensitivity in sexual assault and attempted rape cases.
