NATIONAL: Supreme Court Takes Suo Motu Cognizance of Allahabad High Court’s Ruling on Attempt to Rape Case
SC Revisits Allahabad HC’s Controversial Judgment
A day after declining to hear a petition challenging the Allahabad High Court’s (Allahabad HC) ruling, which stated that grabbing a minor girl’s breasts and breaking her pyjama string did not amount to rape or an attempt to rape, the Supreme Court (SC) has now taken suo motu cognizance of the matter.
A bench comprising Justices B R Gavai and Augustine George Masih is scheduled to hear the case on Wednesday. This move follows the dismissal of the initial petition by a separate bench, led by Justices Bela Trivedi and Prasanna B Varale, which ruled that the court was not inclined to entertain the plea.
Case Background and High Court’s Ruling
The case involves two accused, Pawan and Akash, who were initially charged under Section 376 of the Indian Penal Code (IPC) and relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act.
According to the prosecution, the two men allegedly grabbed the minor’s breasts, tore her pajama string, and attempted to drag her under a culvert while she was walking with her mother.
However, the Allahabad HC ruled that these actions did not constitute rape or an attempt to rape. Instead, the court held that the accused should be charged with the lesser offense of aggravated sexual assault under Section 354(B) IPC and Section 9(m) of the POCSO Act.
Allahabad HC’s Justification for Lesser Charges
The high court’s judgment emphasized that an attempt to commit rape must go beyond mere preparation and involve a concrete step toward the actual commission of the offense.
It was observed that while Akash allegedly tried to drag the victim beneath a culvert and broke her pyjama string, there was no evidence that she was undressed or that there was an attempt at penetrative sexual assault.
Based on these findings, the court concluded that the allegations did not fulfill the legal criteria for an attempt to rape charge. This ruling sparked widespread criticism, leading to calls for a reassessment of the judgment.
Supreme Court’s Intervention
The Supreme Court’s decision to take suo motu cognizance of the matter signals its concern over the implications of the Allahabad HC’s interpretation of attempt to rape laws.
Legal experts and child rights activists have expressed alarm over the precedent this ruling could set, arguing that it could weaken protections for minor victims of sexual violence.
The hearing scheduled for Wednesday will determine whether the Supreme Court will intervene and potentially overturn the high court’s ruling.
Legal and Social Implications
The case has sparked a nationwide debate on the interpretation of sexual assault laws, particularly in cases involving minors.
Critics argue that the Allahabad HC’s ruling undermines the spirit of the POCSO Act, which was enacted to provide stringent punishment for offenses against children.
The Supreme Court’s upcoming hearing is expected to provide clarity on whether the legal definition of an attempt to rape needs a broader interpretation to ensure better protection for victims.