New Delhi: The Supreme Court has canceled the controversial order of the Allahabad High Court, in which it was said that holding the pajama of a minor or breaking the nada does not fall in the category of ‘attempt to rape’. Taking suo motu cognizance of this case, the apex court made it clear that the actions of the accused will be considered as steps towards an attempt to commit rape with premeditated intention.
The court said that holding the minor, tearing her pajama and trying to drag her is not just preparation but comes in the serious category of attempt to rape. With this, the Supreme Court reinstated the serious charges (IPC section 376 etc.) imposed by the trial court.
Supreme Court’s strong comment
The Supreme Court said that it could not agree with the High Court’s conclusion that the allegations were limited only to preparation for rape. According to the court, the actions of the accused clearly point towards an attempt to rape.
The bench upheld the order of the High Court "shocking and insensitive"Canceled stating. The court also said that sensitivity is necessary in the judicial process in cases related to sexual crimes and the standards in such cases should be related to the socio-cultural conditions of India.
Instructions to constitute expert committee
This suo motu cognizance was taken on the basis of the letter sent by senior lawyer Shobha Gupta on behalf of NGO ‘We the Women of India’. The Supreme Court has directed the National Judicial Academy to constitute an expert committee to prepare guidelines on the approach of judges in cases of sexual crimes.
The bench, comprising Chief Justice Surya Kant Mishra, Justice Joymalya Bagchi and Justice NV Anjari, said the committee will review the judicial and administrative measures taken earlier. The recommendations of the committee will guide the judges in disposal of cases related to sexual crimes.
High Court’s comment on POCSO Act
The Allahabad High Court had said in its order that groping the victim and pulling the string of her pajamas is not rape or attempt to rape, but serious sexual assault. The High Court, while amending the summoning order of the Special POCSO Court, had directed that the accused should be prosecuted under Section 9/10 of the POCSO Act and Section 354-B of the IPC.
Kasganj case
The case is from Kasganj, Uttar Pradesh, where it is alleged that the accused named Pawan and Akash did obscene acts with an 11-year-old girl and broke her pajama. An attempt was made to take him near the culvert, but when another person arrived, the accused fled.
In this case, earlier summons were issued under Section 376 of the IPC and Section 18 of the POCSO Act, which was amended by the High Court. Now after the decision of the Supreme Court, serious provisions related to attempt to rape will be implemented again.
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