SC Refuses To Hear Plea Against Allahabad HC's 'Grabbing Breasts Not Rape Attempt' Ruling

A Supreme Court bench, constituting Justices Bela Trivedi and Prasanna B Varale, dismissed the petition saying that the court is not inclined to entertain the same.

File photo of Supreme Court.

Source : PTI

The Supreme Court on Monday refused to entertain a plea against the Allahabad High Court ruling, which stated that grabbing minors' breasts, breaking pyjama string and dragging her beneath a culvert is not a crime of rape.

A bench of Justices Bela Trivedi and Prasanna B Varale dismissed the petition saying that the court is not inclined to entertain the same.

The counsel appearing on behalf of the petitioner began his submission by stating something related to the “Beti Bachai Beti Padhao scheme” before he was interrupted by Justice Bela Trivedi.

Justice Bela Trivedi interrupted saying that there should be no “lecture baazi” from the counsels appearing before it on the subject.

The Court then dismissed the plea. The plea, filed before the Supreme Court, had sought that certain words in the Allahabad High Court judgement be expunged or amended.

Last week, the Allahabad High Court has observed that "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 but an "aggravated sexual assault".

The court made the observation while modifying a summoning order, altering the charges against two men named Pawana and Akash.

The two were initially summoned to face trial under Section 376 IPC (Rape) and Section 18 of the POCSO Act. However, the High Court directed that the accused be tried under the minor charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe) read with Sections 9/10 of the POCSO Act (aggravated sexual assault).

The prosecution said that the two accused grabbed the breasts of the 11-year-old victim and one of them, namely Akash, broke the string of her pyjama and tried to drag her beneath the culvert. Due to the interference of passersby, the accused persons ran away, leaving the victim behind.