In a controversial ruling concerning an attempted rape case involving a minor girl, the Supreme Court has taken suo motu cognizance on Tuesday of the decision made by the Allahabad High Court on March 17. Justice B.R. Gavai and Justice Augustine George Masih's bench is set to hear the matter tomorrow (Wednesday).
What did the Allahabad Court decide?
In its decision, the Allahabad High Court stated that merely holding the victim's breast and breaking the pajama's drawstring do not automatically lead to a charge of attempted rape. Justice Ram Manohar Narayan Mishra, who delivered the verdict, noted the incident involving the 11-year-old girl could indeed assault a woman's dignity, but does not qualify as an attempt to rape.
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On Monday, the Supreme Court refused to hear a Public Interest Litigation opposing the Allahabad High Court's decision. The petition had requested the Court to instruct the Central Government and the Allahabad High Court's Registrar General to retract the contested section of the verdict.
The Allahabad High Court has ordered a trial against the accused under Section 354B of the IPC and Section 9/10 of the POCSO Act. This controversial decision received widespread criticism. Several lawmakers urged the Supreme Court to take automatic notice of this verdict.
