Blitz Bureau
NEW DELHI: The Supreme Court has set aside the controversial Allahabad High Court judgment that had ruled grabbing a minor’s breasts and breaking her pyjama string was not sufficient to constitute a charge of attempt to rape. Disposing of the suo motu matter, including the criminal appeals arising from petitions filed by two NGOs and the victim’s mother, a Bench headed by Chief Justice of India (CJI) Surya Kant held that the Allahabad High Court’s reasoning was based on a “patently erroneous application of the settled principles of criminal jurisprudence”.
“The attempt made by the accused persons appears clearly and inevitably leads us to conclude that, prima facie, a case for invoking the provisions of attempt to commit rape has been made out by the complainant and the prosecution,” the Bench, also comprising Justices Joymalya Bagchi and NV Anjaria, said.
The suo motu proceedings were initiated following a letter addressed by senior advocate Shobha Gupta, Founder-President of ‘We the Women of India’, highlighting the “insensitive and legally flawed” observations in the Allahabad High Court’s order passed in March last year. In its decision, a single-judge Bench of Justice Ram Manohar Narayan Mishra of the Allahabad HC altered the charges against the two accused, who were originally summoned by the trial court for commission of offences under Section 376 IPC (rape) and Section 18 (punishment for attempt to commit an offence) of the Protection of Children from Sexual Offences (POCSO) Act.
Partly allowing the revision plea of the accused persons, Justice Mishra held that they are instead liable to be summoned for a minor offence under Sections 354(b) IPC, i.e. assault or abuse of a woman with intent to disrobing or compelling her to be naked, read with Section 9/10 of the POCSO Act. Disagreeing with that view, the Supreme Court referred to its earlier ruling in State of Madhya Pradesh v. Mahendra alias Golu and reiterated the distinction between “preparation” and “attempt” in criminal law.
