Top Court Takes Note Of “Grabbing Breasts Not Rape” Order, Hearing Tomorrow

New Delhi:

The Supreme Court has taken cognisance on its own of a controversial Allahabad High Court ruling that mere grabbing of the breast and pulling the string of a ‘pyjama’ do not amount to offence of rape.

A bench of Justices B R Gavai and Augustine George Masih is slated to hear the matter on Wednesday.

Legal experts had deplored the observation of the Allahabad High Court on what constitutes a rape charge, calling for a restraint by judges and underlining the drop in public confidence in the judiciary due to such statements.

The high court on March 17 had ruled that mere grabbing of the breast and pulling the ‘pyjama’ string do not amount to offence of rape but such offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.

The order was passed by Justice Ram Manohar Narayan Mishra on a revision petition filed by two persons who moved the court, challenging the order of a Special Judge of Kasganj by which the court had summoned them under Section 376 of IPC apart from other sections.

According to facts of the case, an application was moved before the court of Special Judge, POCSO Act, alleging that around 5:00 pm on November 10, 2021, she (informant) was returning from the home of her sister-in-law (husband’s sister) along with her minor daughter aged about 14 years.

Accused Pawan, Akash and Ashok, who were from her village, met her on the way on a muddy road and asked where she was coming from. When she replied she was coming from her sister-in-law’s place, Pawan offered a lift to her daughter, assuring her that he would drop her at her residence.