NEW DELHI: Supreme Court on Monday refused to hear a plea challenging the Allahabad High Court’s ruling, which stated that grabbing a minor girl’s breasts, breaking her pyjama did not amount to rape or an attempt to rape.
A bench comprising Justices Bela Trivedi and Prasanna B Varale dismissed the petition, stating that the Court was not inclined to entertain it, news agency ANI reported.
As the petitioner’s counsel began his arguments by referring to the “Beti Bachao, Beti Padhao” scheme, Justice Trivedi interrupted him. She said that there should be no “lecture baazi” from advocates presenting their cases on the topic. Following this, the Court dismissed the petition.
The ruling came on a case involving two men, Pawan and Akash, who allegedly grabbed the minor’s breasts, tore her pyjama string, and attempted to drag her under a culvert while she was walking with her mother. Initially, they were charged under Section 376 of the IPC (rape) and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.
However, the Allahabad High Court ruled that their actions did not qualify as rape or an attempt to rape but instead fell under the lesser charge of aggravated sexual assault, punishable under Section 354(B) IPC and Section 9(m) of the POCSO Act.
The high court’s ruling was based on the argument that an attempt to commit rape must go beyond mere preparation and demonstrate a “greater degree of determination.”
“The allegations levelled against the accused Pawan and Akash and the facts of the case hardly constitute an offence of attempt to rape in the case. 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,” a bench of Justice Ram Manohar Narayan Mishra observed.
The court noted that there was no evidence to suggest that the accused intended to commit rape.
The petition submitted to the Supreme court had requested the removal or modification of specific phrases in the Allahabad High Court’s ruling.
