SC Denies Hearing Plea Challenging Allahabad HC's 'Grabbing Breast Not Attempt To Rape' Order

The Supreme Court has refused to hear a plea challenging the Allahabad High Court's controversial judgment on the rape of a minor.

Supreme Court denied hearing a plea challenging an Allahabad HC order in a rape case of a minor.

Source : PTI

The Supreme Court has denied hearing a plea challenging the controversial judgment by Allahabad High Court on the rape of a minor. 

Hearing the matter involving an attack on a minor in Uttar Pradesh, the Allahabad High Court had ruled that actions like grabbing breasts or snapping a pyjama string do not constitute rape or attempt to rape but can be considered aggravated sexual assault - a comparatively lesser charge.

The petitioner challenging the March 17 order had sought to remove this part of the judgment. However, during the hearing in the apex court neither the petitioner was present in the court nor the lawyer who had filed the plea on the petitioner's behalf. 

The judges refused to hear the lawyers who were present for pleading. 

Criticism Of HC Judgment 

The Allahabad High Court order drew sharp criticism with even calls for the Supreme Court's intervention. A bench of Justice Ram Manohar Narayan Mishra stated that there was a gap between preparation for a crime and an actual attempt to commit a crime. 

Union Minister Annapurna Devi and several others slammed the court and called for judicial reforms.

"I don't support this decision, and the Supreme Court should also re-consider this decision because it will have an adverse impact on civil society," the Union minister told PTI on Friday. 

Rajya Sabha MP Swati Maliwal also cricised the high court terming the order "very insensitive" and "very dangerous" for the society. 

Bharatiya Janata Party CT Pallavi also slammed the court. Taking to social media platform X, she wrote: "Another gem of Indian judiciary? Grabbing Victim's Breasts, Breaking Pyjama string are NOT attempts to RAPE, says Allahabad High Court." 

"The girl was only 11 years old. What’s the use of stringent laws of POCSO & BNS when such judgements are given? Recall the Chhattisgarh HC judgement that acquitted a man who caused his wife’s death because of unnatural Sex?” she questioned.