On Wednesday, the Supreme Court stayed the contentious ruling of the Allahabad High Court, which stated that the prosecution must prove its charges against a rape suspect beyond this “stage of preparation” and that actions such as grabbing breasts or severing the pyjama string do not amount to an attempt at rape.
After an organization called “We the Women of India” petitioned the Supreme Court to overturn the Allahabad High Court’s March 17 ruling, the court took suo motu cognizance of the issue. The high court judge’s decision, according to the bench of Justices BR Gavai and Augustine George Masih, demonstrated a “lack of sensitivity.”
“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. Thus, there was an application of mind. We are usually hesitant to grant a stay at this stage. But since observations in para 21,24 and 26 is unknown to cannons of law and shows inhuman approach. We stay the observations in said paras,” news agency reported, citing the court’s order.
The Supreme Court also requested a response from the government of Uttar Pradesh and the Center, as well as the help of Attorney General R Venkataramani and Solicitor General Tushar Mehta.
The contentious ruling was issued by a bench led by Justice Ram Manohar Narayan Mishra, who also granted the accused’s request for criminal revision. The high court ordered that the accused be tried in accordance with Sections 9/10 of the Pocso Act (aggravated sexual assault) and Section 354-B of the IPC (assault or use of criminal force with intent to disrobe). On November 10, 2021, the victim was assaulted after the accused volunteered to ride their motorcycle to drop her off at her house. Her father permitted the victim to accompany them since he believed their promise.
The girl was sexually assaulted by the three accused when they halted their transport on the way. In Kasganj, Uttar Pradesh, the accused allegedly grabbed the 11-year-old victim’s breasts, snapped the thread of her pajama, and attempted to drag her under the culvert, according to the prosecution. The victim was left behind as the accused fled the scene due to the interference of witnesses and bystanders. The court observed, “The allegations levelled against the accused, Pawan and Akash, and facts of the case hardly constitute an offence of attempt to rape in the case. To bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.”
Since the defendants did not take any more action in their effort, the judge decided that such acts were insufficient to prove that they meant to commit rape. The order further pointed out that the witnesses did not claim that the victim was naked or undressed as a result of the accused’s acts.
