SC Stays Allahabad HC Observations On Rape, Slamming Its Stance ‘Insensitive’, ‘Inhuman’

New Delhi: Allahabad High Court’s observations that mere grabbing of breast and pulling the string of a ‘pyjama’ do not amount to offence of rape, was stayed by the Supreme Court on Wednesday.

The apex court slammed the Alalhabad High Court observation by terming it “total insensitiveness” and an “inhuman approach”.

The Supreme Court considered it a “very serious matter”, while staying the controversial observations of the high court made on March 17 during announcement of a verdict.

A bench of Justices B R Gavai and Augustine George Masih said these observations exhibited “total insensitiveness” on part of the judge.

“In normal circumstances, we are slow in granting stay at this stage. But since the observations in paragraphs 21, 24 and 26 are totally unknown to cannons of law and depict total insensitive and inhuman approach, we are inclined to stay the said observations,” the bench said.

The top court had taken a suo motu cognisance in the matter after the controversial observations made by the high court was brought to the notice of Chief Justice of India Sanjiv Khanna by an organisation “We the Women of India”.

The Supreme Court bench issued notice to the Centre, Uttar Pradesh government and the parties before the high court in the matter seeking their responses in the suo motu proceeding.

The Allahabad High Court judgment passed on March 17 by Justice Ram Manohar Narayan Mishra ruled that mere grabbing of 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.

This case is about a sexual assault on a 14-year-old girl on November 10, 2021, while she was returning from the home of her sister-in-law. It was alleged that accused Pawan, Akash and Ashok, who were from her village, met her on the way and offered her a lift.

The accused stopped their motorcycle on the way and started grabbing her breasts. Akash dragged her and tried to take her beneath the culvert and pulled the string of her pyjama.

When some persons reached the spot on hearing the cries of the child, the accused escaped.

But the High Court in its verdict 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 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.