A Supreme Court in India has ruled that grabbing a minor breasts and breaking her pajamas does not form an attempt at rape, causing widespread outrage and calling on the Supreme Court intervention.
The ruling was issued by the Allahabad High Court in a case involving an 11-year-old girl who was attacked in the Kasganj District Uttar Pradesh in 2021.
According to the prosecution, two men, Pawan and Akash, allegedly grabbed the breasts of the child, tore the string of her pajamas and tried to drag her under a cheat. The girl, whose name was not disclosed for legal reasons, walked with her mother when the accused, who knew the family, offered her a ride on their motorcycle.
Her screams warned passers -by, who intervened, who forced the attackers to flee.
A trial court initially called Pawan and Akash on charges of rape under the Children’s Protection Act (Pocso) Act. After the accused disputed the charges, Justice Ram Manohar Narayan Mishra on Monday ruled that the allegations did not amount to an attempt to rape. Instead, the judge has changed the charges to assault or use of criminal power for the purpose of undressing.
“The allegations were a felony of attempted rape against the accused Pawan and Akash and facts of the case,” Justice Mishra said in the ruling. “In order to bring about a charge of attempted rape, the prosecution must determine that it goes beyond the preparation phase. The difference between preparation and actual attempt to commit an offense exists mainly to the greater degree of determination.”
The court further noted that there was no evidence suggesting that it is an intention to commit rape. Justice Mishra noted: “The specific allegation against Akash is that he tried to drag the victim under the culvert and broke the string of her pajami. It is also not said by witnesses that the victim got naked because of the accused’s accused.
The decision made serious setbacks from activists, politicians and legal experts.
Senior Advocate Indira Jaising described the decision as deeply worrying and called on the Supreme Court intervention and said on X (formerly Twitter): “Regulations by the Supreme Court. Judges were drawn up by the Supreme Court.”
Union Minister Annapurna Devi also criticized the ruling, saying: “I do not support this decision, and the Supreme Court must also reconsider this decision because it will have a negative impact on civil society.”
Swati Maliwal, MP of Rajya Sabha, expressed indignation and called the verdict “insensitive and dangerous to society”.
“God saves this country with such judges who adorn the bank,” wrote the MP and Senior Advocate Kapil Sibal. “The Supreme Court was too soft in dealing with faulty judges!” Mr. Sibal wrote: “God saves this country with such judges who decorate the bank. The Supreme Court was too soft in dealing with wandering judges.”
The activist Shabnam Hashmi called the decision ‘Shameful’, adding: ‘The child was saved only because passers -by intervened. The judge does not see the intention to rape! ‘
Users on social media have also expressed anger over the decision, with many people questioning the judiciary’s approach to sexual violence. One user highlighted: ‘Notice, it was done to an 11-year-old girl, a literal child. not an attempt to rape. “
Concerns about the interpretation of the judiciary of sexual offenses are coming amid increasing crimes against children in India.
According to the 2022 National Crime Records Bureau (NCRB) report, Uttar Pradesh reported the largest number of cases under Pocso Act, with 7.955 incidents, followed by Maharashtra with 7.467 cases. In 2022, 62.095 cases were registered under Pocso divisions. The report also noted an 8.7 percent increase in crimes against children, with 1,62,449 cases recorded in 2022, higher than 1,49,404 in 2021.
