- By Sahelee Rakshit
- Tue, 25 Mar 2025 09:12 PM (IST)
- Source:JND
The Supreme Court took a suo moto cognisance of a controversial ruling by the Allahabad High Court that declared that "grabbing breasts" and "breaking pyjamas" did not amount to rape but rather to an attempt at rape on Tuesday.
The statement was made on March 17 while modifying the charge of attempted rape to a lesser offense under Section 354(b) of the Indian Penal Code (IPC).
The high court's ruling lowered the charge of attempted rape to Section 354(b), which addresses assault or the use of unlawful force against a woman with the intention of removing her clothes.
Justice Ram Manohar Narayan Mishra issued the ruling in response to a revision appeal submitted by two people contesting an order issued by a Kasganj Special Judge.
In addition to other provisions, the Special Judge had earlier summoned them under Section 376 of the IPC. The High Court's decision changed the attempted rape charge to Section 354(b), a lesser offense that deals with assault or the use of criminal force with the intent to disrobe.
What Was The Case?
A young girl was strolling with her mother when two men, Pawan and Akash, reportedly grabbed her breasts, tore the thread of her pajamas, and tried to take her into a culvert. The high court's decision came in regard to this case.
The 14-year-old victim encountered the accused on November 10, 2021, as she was traveling home with her mother. The two men then stopped the motorcycle and started attacking her after Pawan offered to give her a lift. They allegedly grabbed her breasts, and Akash broke the thread of her pyjamas while attempting to pull her under a culvert.
Two individuals heard the victim's cries and stepped in, but the accused threatened them with a gun before running away. In accordance with Section 18 of the POCSO Act and Section 376 (rape) of the IPC, the two men were first called for trial.