The ‘grabbing breasts not rape’ verdict was made by Allahabad High Court on March 17
GUWAHATI, March 26: Allahabad High Court’s recent verdict terming “grabbing breasts not rape” while also ruling that “pulling strings of a pyjama” also does not amount to outraging the woman’s modesty has been stayed by the Supreme Court today (March 26) saying the ruling depicted “total insensitiveness”.
The bench of Justice BR Gavai and Justice Augustine George Masih said it was pained to see some observations in the verdict and sought replies from the Centre and the Uttar Pradesh governments on the matter.
The apex court was hearing the matter suo motu after an organisation named ‘We the Women of India’ flagged the ruling of the Allahabad High Court expressing disappointment.
“…the allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down lower garment of the victim and for that purpose they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident. This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim,” NDTV, quoting para 21 of the Allahabad High Court ruling, stated in its report.
The judgment was delivered by Justice Ram Manohar Narayan Mishra of the Allahabad High Court on March 17.
The case in which the verdict was made was regarding an incident where the accused named Akash and Pawan had offered lift to a minor girl on their motorcycle, assuring the victim’s mother of dropping her home safely.
“The accused persons had stopped their motorcycle on muddy way, on way to her village they started grabbing her breasts and Akash dragged her and tried to take her beneath the culvert and broke the string of her pyjami. The witnesses Satish and Bhurey who were coming behind on a tractor reached the spot on hearing cries of her daughter. The accused persons threatened him with life by pointing a country made pistol to them and fled away from the place,” the high court order further stated.
Although the lower court had summoned the accused under rape charges, the Allahabad High Court pronounced its verdict saying “difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination”.
