GUWAHATI: The Supreme Court declined to hear a petition contesting the Allahabad High Court's decision which ruled that actions such as grabbing a minor girl's breasts and breaking her pyjama string do not constitute rape or an attempt to rape. Justices Bela Trivedi and Prasanna B Varale dismissed the plea, expressing their unwillingness to entertain it, as per reports on March 24.
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During the proceedings, the petitioner's counsel attempted to reference the "Beti Bachao, Beti Padhao" initiative, but Justice Trivedi interrupted, stating that advocates should refrain from delivering lectures on the subject. Subsequently, the court dismissed the petition.
This ruling stems from a case involving two men, Pawan and Akash, accused of assaulting a minor girl by grabbing her breasts, tearing her pyjama string, and attempting to drag her under a culvert while she was with her mother. Initially charged under Section 376 of the Indian Penal Code (IPC) for rape and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act, the Allahabad High Court later determined that their actions did not meet the threshold for rape or an attempt to commit rape. Instead, it classified their conduct as aggravated sexual assault under Section 354(B) IPC and Section 9(m) of the POCSO Act.
The High Court's ruling emphasised that an attempt to commit rape must exceed mere preparatory actions and display a "greater degree of determination." Justice Ram Manohar Narayan Mishra noted that the allegations against Pawan and Akash did not substantiate an attempt to rape since there was insufficient evidence indicating their intent to commit such an act. The Supreme Court petition sought alterations to certain phrases in the Allahabad High Court's judgment.
