The Supreme Court (SC) on Tuesday, March 25, refused to hear a petition challenging the Allahabad High Court’s recent order which stated: grabbing the breasts of a minor and breaking the string of her pyjama do not constitute rape or attempt to rape.
Following the HC’s order, a Public Interest Litigation (PIL) was filed in the Apex Court requesting it to direct the removal of the controversial portion of the March 17 judgment. It also called for the establishment of guidelines to prevent judges from making similar controversial remarks in the future.
During the hearing of the case in the Supreme Court presided before a bench of Justices Bela M Trivedi and PB Varale, the advocate started with the slogan, ‘beti padhao, beti bachao’. However, before he could finish, Justice Trivedi cut him short and said, “No lecture baazi.”
Justice Trivedi enquired about the advocate on record (AOR) and the petitioner, both absent from the court.
An AOR is a lawyer who is officially registered with the Supreme Court of India and has the exclusive right to file cases before it.
When the advocate replied that the AOR had authorised him to argue and the petition was not present in the Court, the bench dismissed the petition.
The Allahabad High Court, while hearing a case of a minor who was sexually molested in 2021 when she was 11 years old, recently passed the order stating “the act has to reach the point where the accused person has taken real steps toward committing it” and can be “considered aggravated sexual assault, a comparatively lesser charge.”
The incident occurred in Uttar Pradesh’s Kasganj district. The minor was walking with her mother when two men approached them and offered a lift. When they refused, the men allegedly grabbed the minor’s breasts, tore her pyjama and tried to drag her to an isolated place.
When passers-by heard the girl’s screams and came to her rescue, the two fled the spot.
A case of attempted rape was registered against Pawan and Akash under the POCSO (Protection of Children from Sexual Offences) Act.
The two men moved to the Allahabad High Court after a trial court summoned them. The bench was presided over by Justice Ram Manohar Narayan Mishra, who changed the charges to assault or “use of criminal force with intent to disrobe.”
In his order, Justice Mishra stated that simply thinking about a crime or getting ready for it isn’t enough.
