New Delhi::The Supreme Court on March 25 declined to hear a petition against the recent Allahabad High Court (HC) order, which stated that grabbing a minor's breasts and breaking the string of her pyjama does not amount to rape or an attempt to rape.
Following this ruling, a Public Interest Litigation (PIL) was filed in the SC, urging it to remove the controversial part of the March 17 judgment and to establish guidelines to prevent judges from making such remarks in the future, Siasat Daily reported.
No lecture baazi: SC
During the hearing in the Supreme Court, when an advocate began with the slogan "beti padhao, beti bachao," the bench, led by Justices Bela M. Trivedi and PB Varale, interrupted him, with Justice Trivedi saying, "No lecture baazi.”
Justice Trivedi asked about both the advocate on record (AOR) and the petitioner in court who were both absent.
An AOR is a lawyer registered with the Supreme Court of India, with the exclusive right to file cases there. When the advocate explained that the AOR had permitted him to argue the case and the petitioner was absent, the bench dismissed the petition.
What is the Allahabad High Court order
The case concerned a minor who was sexually molested in 2021 when she was 11 years old. In a recent ruling, the Allahabad High Court stated that "the act has to reach the point where the accused person has taken real steps towards committing it" and can be "considered aggravated sexual assault, a comparatively lesser charge," according to Siasat Daily.
The incident took place in the Kasganj area of Uttar Pradesh. Two males approached the child and her mother as they were walking and offered to give them a lift.
The males allegedly sought to carry the child to an isolated spot after tearing her pyjama and grabbing her breasts when they refused.
The two left the area when passersby heard the girl's cries and rushed to her aid. Pawan and Akash were charged with attempted rape under the POCSO (Protection of Children from Sexual Offences) Act.
A trial court summoned the two individuals, who then filed a case before the Allahabad High Court. Justice Ram Manohar Narayan Mishra, who presided over the bench, amended the accusations to include assault or "use of criminal force with intent to disrobe."
Just contemplating a crime or preparing for it is insufficient, according to Justice Mishra's statement.