Supreme Court Takes Suo Moto Notice of Allahabad HC's Remarks on Attempted Rape
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Synopsis
On March 25, the Supreme Court of India initiated a suo moto case regarding the Allahabad HC's controversial ruling that certain actions did not constitute an attempt to rape. A bench of Justices Gavai and Masih will hear the case on March 26.
Key Takeaways
- Suo moto case registered by the Supreme Court.
- Allahabad HC's ruling deemed controversial.
- Actions like grabbing breasts insufficient for rape charges.
- Charges modified to lesser offenses under POCSO.
- Hearing set for March 26.
New Delhi, March 25 (NationPress) The Supreme Court has initiated a suo moto (on its own initiative) case following the Allahabad High Court's ruling that simply grabbing a breast and breaking the string of a pyjama does not suffice for a charge of attempt to rape.
According to the causelist available on the Supreme Court's website, a bench comprising Justices BR Gavai and AG Masih is scheduled to hear the suo moto case titled ‘In Re: Order dated 17.03.2025 issued by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and related matters’ on March 26.
On the preceding Monday, a Bench of Justices Bela Trivedi and Prasanna B Varale chose not to entertain a public interest litigation (PIL) that challenged the contentious remarks made by a single-judge Bench of the Allahabad HC on March 17 while modifying a summoning order.
In the ruling, a bench led by Justice Ram Manohar Narayan Mishra of the Allahabad HC revised the charges against two defendants, who were initially summoned by the trial court for offenses under Section 376 IPC (rape) and Section 18 (punishment for attempting to commit an offense) of the Protection of Children from Sexual Offences (POCSO) Act.
Partially granting the revision petition from the accused, Justice Mishra's Bench determined that they should instead face charges for a lesser offense under Sections 354(b) IPC, which involves assault or abuse of a woman with the intent to disrobe her, along with Section 9/10 of the POCSO Act. Under the POCSO Act, Section 9 stipulates penalties for aggravated sexual assault on a child victim, and Section 10 mandates imprisonment for up to seven years, not less than five years, in addition to a fine.
The prosecution alleges that the two accused, identified as Pawan and Akash, seized the breasts of the victim, and one of them broke the string of her pyjama while attempting to drag her under a culvert. They fled the scene upon the intervention of passersby/witnesses, leaving the victim behind.
The Allahabad High Court stated that, prima facie, a charge of attempt to rape was unfounded against the accused, remarking, “There is no claim that the accused attempted to engage in penetrative sexual assault against the victim. The allegations against Pawan and Akash and the facts of the case do not substantiate an offense of attempt to rape.”
“To establish a charge of attempt to rape, the prosecution must demonstrate that it surpassed the preparatory stage. The distinction between preparation and actual attempt lies primarily in the higher degree of determination,” it further elaborated.
