New Delhi: The Supreme Court, which, on Monday, dismissed a plea against a recent Allahabad High Court order – stating that grabbing a girl’s breasts, dragging her under a culvert and breaking her pyjama string does not amount to attempted rape – has now taken suo motu cognizance of the matter.
The bench of Justice B R Gavai and Justice Augustine George Masih is likely to take up hearing of the matter on Wednesday.
The matter dates back to 2023, when two youths, identified as Akash and Pawan, grabbed the breasts of a 11-year-old girl, dragged her under a culvert and broke her pyjama string in Kasganj, Uttar Pradesh. The two fled after the girl’s shrieks alerted passers-by.
The two were being tried under 376 of the Indian Penal Code and Section 18 of the POCSO Act when they moved the Allahabad High Court. On March 17, Justice Ram Manohar Narayan Mishra of the Allahabad High Court rules that their actions did not amount to ‘Attempt to Rape’ and they should be charged for aggravated sexual assault.
This order led to anguish, even among members of the bar, particularly as it concerned a minor. Senior advocates like Indira Jaising spoke out against the order.
Finally, a petition was moved before the Supreme Court, praying for an order to remove certain portions of the Allahabad High Court order. The matter was heard by the bench of Justice Bela Trivedi and Prasanna B Varale on Monday. After hearing the matter, the bench observed that ‘the Court is not inclined to entertain the same’, implying that the petition has been rejected.
Justice Trivedi even rapped the petitioner’s counsel when he attempted to refer to the Government’s ‘Beti Bachao Beti Padhao’ scheme. She made it clear that the court would not allow any ‘lecture baazi’ by counsels on the subject.
The Supreme Court seems to have had a change in heart after realising the gravity of the situation and the public outrage the matter has generated. On Monday evening, the Supreme Court filed a suo motu petition (at 6.49 pm) assigned the matter to the bench of Justice Gavai and Justice Masih.
