The Supreme Court has raised concerns over the Allahabad High Court’s decision that dismissed charges of rape and attempted rape in a case involving a minor girl.
A bench led by Justice BR Gavai has sought a response from the Central Government, the Uttar Pradesh Government, and other parties within four weeks.
The court also asked the Attorney General and Solicitor General to assist in the case and put a stay on the controversial parts of the ruling.
During the hearing, Justice BR Gavai’s bench strongly criticized the Allahabad High Court’s decision, calling it insensitive and inhuman.
The court noted that the verdict was not delivered in haste but after four months of deliberation.
The Allahabad High Court ruled that the allegations did not amount to rape or attempted rape.
It stated that the accused had only grabbed the girl’s private part and broken her pyjama string, which falls under sexual harassment rather than rape or attempted rape.
Legal Battle Over Controversial Remarks
Earlier, a bench led by Justice Bela Trivedi had refused to hear a petition challenging the High Court’s remarks.
Petitioner Anjali Patel demanded the removal of controversial observations and sought guidelines to prevent such insensitive comments in future judgments.
The case originated from the Patiali police station in Kasganj.
The victim’s mother filed a complaint on January 12, 2022, alleging that on November 10, 2021, the accused Pawan, Akash, and Ashok attempted to assault and disrobe her 14-year-old daughter.
Initially, the accused faced rape (IPC 376) and attempt to commit a crime (POCSO Act Section 18) charges.
However, the High Court ruled that their actions fell under IPC Section 354(B) and POCSO Section 9(M).
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