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'No Place In Civilised Society': Union Minister Slams Allahabad HC's 'Holding Breasts Not Rape' Observation

Union Minister Annapurna Devi has sought the Supreme Court's intervention after the Allahabad High Court refused to categorise the "grabbing of a woman's breast" as "rape".

Union Minister of Women and Child Development Annapurna Devi on Friday slammed the Allahabad High Court for its observation on rape. The Allahabad HC, while hearing a case of alleged rape of a minor, had said "grabbing the breasts of a woman", "breaking the string of her pyjama", and "trying to drag her beneath the culvert before fleeing the spot" won't come under the offence of attempt to rape. The court categorised such offence prima facie as "aggravated sexual assault".

What Was The Case?

The observation came as the court reviewed and modified a summoning order against two accused, Pawana and Akash. Initially charged under Section 376 of the Indian Penal Code (IPC) for rape and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act, the court downgraded the charges. The accused will now face trial under Section 354-B IPC (assault or use of criminal force with intent to disrobe) along with Sections 9/10 of the POCSO Act, which pertain to aggravated sexual assault.

The case revolves around allegations that Pawana and Akash assaulted an 11-year-old girl. According to the prosecution, the men grabbed her breasts, and Akash broke the string of her pyjama while attempting to drag her beneath a culvert. Their actions were interrupted by passersby, forcing them to flee the scene.

Hearing the case, a single-judge bench of Justice Ram Manohar Narayan Mishra observed: "In order to bring out a charge of attempt to rape the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination."

What Did Annapurna Devi Say?

Union Minister Annapurna Devi slammed the observation and sought the Supreme Court's intervention in the matter. "This decision is not right and has no place in a civilised society and it will have a wrong impact on the society... Supreme Court should take cognisance of it," she said.

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