The Supreme Court remains the observation of Allahabad HC, who said that simply grabbing the breast and pulling the chain “pajamas” does not represent the offense of rape, the PTI warned.
The Justices Bravai and Augustine George Masih noted that some observations made in the HC Order were insensitive and had an inhuman approach. SC also issued a notice to the Center, UTTAR Pradesh and others who applied for answers in the Suo Mot control at Allahabad HC 17 March.
“We are painful to say that it shows a complete lack of sensitivity by the author of the judgment,” SC said.
17 March Allahabad HC decided that grabbing the breast and pulling the pajama chain falls under the accusation of assaulting or using the criminal force against any woman with the intention of turning away or getting it to be a naked place of rape. The HC command was approved by Ram Manohar Narayan Misra. The case was originally moved before the court of a special judge, the Pocso Act, who claimed that around 17:00 10. November 2021. The accused, Pawan, Akash and Ashok, he allegedly tried to attack a minor victim for abandoning her residence.
In his order, the court said, “In the present case, the claim against the accused Pawan and Akash is that they grabbed the sacrifices and Akash tried to reduce the victim’s lower clothing and broke and tried to drag it under the culvert but left the victim to intervene and take away the victim.”
The PTI’s order quoted: “This is not enough to conclude that the accused have decided to commit the rape of the victim, because except these facts are not attributed to any other act to support their alleged desire to commit the rape of the victim.”
“There is no assertion that the accused tried to commit a penetrative sexual assault on the victim,” the court said.
“The difference between the preparation and the actual attempt to commit the crime is mainly to a greater determination,” the court added.
(Tagstotranslate) allahbad hc order
