Supreme Court Takes Note Of Allahabad HC's 'Grabbing Breasts Not Rape' Order
In its ruling on March 17, the high court had observed that the mere act of grabbing a woman's breast or breaking the string of her pyjama does not constitute the offence of rape
The Supreme Court on Tuesday took suo motu cognisance of a controversial order passed by the Allahabad High Court, which stated that “grabbing breasts" and “breaking pyjama" did not constitute rape, but rather an attempt to rape.
The matter will be heard by a bench of Justices BR Gavai and Augustine George Masih on Wednesday.
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In its ruling on March 17, the high court had observed that the mere act of grabbing a woman’s breast or breaking the string of her pyjama does not constitute the offence of rape. Instead, it considered the incident to fall under the category of assault or the use of criminal force with the intent to disrobe or compel the woman to be naked, under Section 354(b) of the Indian Penal Code (IPC).
The Allahabad High Court’s order was delivered by Justice Ram Manohar Narayan Mishra on a revision petition filed by two individuals who had challenged a Kasganj Special Judge’s order.
The Special Judge had previously summoned them under Section 376 of the IPC, along with other sections. In its ruling, the High Court modified the charge of attempted rape to the lesser offence of Section 354(b), which deals with assault or criminal force with the intent to disrobe.
The top court’s intervention also came a day a bench of Justices Bela Trivedi and Prasanna B Varale had declined to entertain a public interest litigation (PIL) petition challenging the high court’s order.
About the case
The Allahabad High Court’s observation was made in a case involving two men, Pawan and Akash, who allegedly grabbed a minor’s breasts, tore her pyjama string, and attempted to drag her under a culvert while she was walking with her mother.
On November 10, 2021, the victim, a 14-year-old girl, was returning home with her mother when she encountered the accused. Pawan offered her a lift, and the two men later stopped the motorcycle and began assaulting her. They allegedly grabbed her breasts, with Akash trying to drag her beneath a culvert and breaking the string of her pyjama.
The victim’s cries were heard by two people, who intervened, but the accused threatened them with a pistol before fleeing. The two men were initially summoned for trial under Section 376 (rape) of the IPC and Section 18 of the POCSO Act.
(With inputs from agencies)
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