Today, On 24th March, The Supreme Court declined to hear a petition challenging the Allahabad High Court’s ruling that certain acts against a minor did not constitute rape. A bench led by Justices Bela Trivedi and Prasanna B. Varale dismissed the plea, stating they were not inclined to intervene. When the petitioner’s counsel mentioned the “Beti Bachao Beti Padhao” scheme, Justice Trivedi interrupted, saying, “No lecture baazi” in court.
New Delhi: The Supreme Court declined to entertain a petition challenging the Allahabad High Court’s ruling, which stated that actions such as grabbing a minor’s breasts, breaking her pyjama string, and dragging her beneath a culvert do not constitute rape.
A bench comprising Justices Bela Trivedi and Prasanna B. Varale dismissed the petition, expressing that they were not inclined to consider it.
The petitioner’s counsel began by referencing the “Beti Bachao Beti Padhao” scheme but was quickly interrupted by Justice Bela Trivedi.
Justice Trivedi emphasized that there should be no “lecture baazi” (lecturing) from counsel regarding the subject matter.
Following this, the Court proceeded to dismiss the plea. The petition filed in the Supreme Court sought to have certain terms in the Allahabad High Court judgment expunged or amended.
This decision created widespread outrage, with critics arguing that such leniency undermines justice for survivors.
In this regard, Union Minister for Women and Child Development Annpurna Devi has strongly criticized a recent judgment by the Allahabad High Court.
In her reaction, Ms. Devi labeled the ruling as “wrong” and urged the Supreme Court to take notice of the issue. She cautioned that “such a judgment would send a wrong message to society.”
Earlier, senior advocate Shobha Gupta has penned a letter to the Chief Justice of India (CJI), urging him to take suo motu cognizance of the issue.
In her letter, Gupta stated that “the judge’s interpretation is completely incorrect and demonstrates an insensitive and irresponsible approach to the issue.
Gupta expressed that this ruling has profoundly unsettled her understanding of the law and left her feeling broken after reading news reports about it. She urged the CJI to address the matter from both an administrative and judicial standpoint.
The case involved Pawan and Akash, who were accused of assaulting an 11-year-old girl in Kasganj, Uttar Pradesh, by grabbing her breasts, breaking her pyjama string, and attempting to drag her under a culvert.
The accused fled the scene after being interrupted by passers-by.
The incident, which occurred in 2021, began when the accused offered the child a lift. Initially, the Kasganj trial court had directed that Pawan and Akash face charges under Section 376 of the Indian Penal Code for rape and Section 18 of the POCSO Act.
However, a bench led by Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that the accused should be tried under Section 354-B IPC (assault or use of criminal force with intent to disrobe) along with Sections 9/10 of the POCSO Act (aggravated sexual assault).
Counsel for one of the defendants also contended that at the stage of framing charges, the trial court is not expected to thoroughly evaluate the evidence and materials gathered during the investigation.
The judge concluded that there was no evidence suggesting that the accused were determined to commit rape.
Regarding the third accused, Ashok, who is Pawan’s father, the allegation is that he abused and threatened the complainant when she approached him after the incident.
Consequently, Ashok has been summoned under Sections 504 and 506 of the Indian Penal Code.