New Delhi: In a surprising move, the Supreme Court of India on Tuesday took suo motu cognizance of the controversial ruling issued by the Allahabad High Court on March 17 in a case related to attempted rape of a minor girl.
A bench of Justices B R Gavai and Augustine George Masih is slated to hear the matter on Wednesday.
The 2021 case has an 11-year-old girl survivor from Uttar Pradesh's Kasganj and involves two accused men.
Allahabad High Court bench of Justice Ram Manohar Narayan Mishra ruled mere grabbing of breasts and breaking of the string of a 'pyjama' do not amount to offence of rape but such offence falls under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked.
The ruling, which has sparked widespread debate, concluded that an allegation of holding a victim's breasts and breaking the waistband of her pyjama did not amount to rape.
In response to the ruling, a Public Interest Litigation (PIL) was filed, urging the Supreme Court to remove the controversial remarks made in the judgment.
The PIL also called on the apex court to issue clear guidelines to prevent judges from making such controversial and potentially harmful statements in the future, especially in cases dealing with sensitive issues like sexual assault.
Published: 25 Mar 2025, 08:33 pm IST
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