A petition has been filed in the Supreme Court against the Allahabad High Court’s ruling that grabbing the breast and opening a pyjama’s cord is not rape but sexual harassment. Supreme Court lawyer Anjali Patel filed the petition, demanding the cancellation of the verdict. She also urged the court to issue guidelines for judges to prevent insensitive remarks in such cases.
Senior Supreme Court lawyer Indira Jaising also criticized the ruling. She tweeted that the Supreme Court should take suo motu cognizance of the matter. The Allahabad High Court ruled that the allegations did not amount to attempted rape under Section 376 IPC. Instead, it stated that the accused could be charged under Section 354(B) IPC for assault with intent to disrobe and Section 9(M) of the POCSO Act.
The case was registered at Patiyali police station in Kasganj district, Uttar Pradesh. In 2021, the accused, Pawan and Akash, allegedly grabbed the breast of an 11-year-old girl, broke the string of her pyjama, and tried to drag her under a culvert. However, passersby intervened, forcing them to flee. Initially, the lower court charged them under Section 376 IPC (rape) and Section 18 of the POCSO Act.
Later, the accused challenged the charges in the High Court. They argued that the case does not qualify as rape and should only be considered under Section 354(B) IPC and the POCSO Act. The High Court accepted this argument and altered the charges.
Now, the Supreme Court will hear the petition challenging this decision. The case has sparked a debate over the legal interpretation of sexual offenses and the need for judicial guidelines.
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