Supreme Court rejects plea on Allahabad HC's rape ruling
On Monday, the Supreme Court of India refused to hear a case challenging a ruling by the Allahabad High Court about what constitutes rape. The High Court stated that certain actions, like grabbing a minor's breasts and breaking her pyjama string, do not qualify as rape but as aggravated sexual assault. A bench of Justices Bela Trivedi and Prasanna B. Varale dismissed the petition. They indicated that they did not want to hear lengthy arguments on the topic. During the hearing, the petitioner's lawyer tried to reference the "Beti Bachao Beti Padhao" scheme, but the Justices interrupted, asking to avoid what they called "lecture baazi," or lecturing. The case involved two men, Pawan and Akash, accused of assaulting an 11-year-old girl in Uttar Pradesh. They grabbed her breasts and attempted to drag her under a culvert. Bystanders intervened, causing the men to flee. Initially, they were charged with rape under Section 376 of the Indian Penal Code and related laws. However, the Allahabad High Court decided that the men should be tried for different charges under Section 354-B of the IPC, which involves disrobing, and specific sections of the POCSO Act concerning sexual assault on minors. The High Court found that the actions described did not meet the criteria for attempted rape, needing more substantial evidence of intent. Justice Ram Manohar Narayan Mishra stated in his order that the case did not show an attempt to commit rape, as there was no indication that the victim was undressed or that an attempt at penetrative sexual assault occurred. Following the ruling, senior advocate Indira Jaising expressed concern, calling for immediate action from the Supreme Court regarding the case.