INew Delhi, March 20: Rajya Sabha MP Rekha Sharma has strongly condemned the Allahabad High Court's recent observation that "holding breasts and breaking pyjama strings" does not constitute rape. Sharma urged the National Commission for Women (NCW) to challenge the ruling in the Supreme Court, calling it "totally wrong."
The former NCW chief emphasized the need for judges to consider the intent behind such acts. "If judges are not sensitized, how will women and children get justice? They should look at the intention behind the act. The NCW must approach the Supreme Court against this verdict. Judges need to be reminded that they cannot make such judgments," Sharma stated.
The Allahabad High Court observed while hearing a case under the Protection of Children from Sexual Offences (POCSO) Act. The case involved the alleged sexual assault of an 11-year-old girl in Uttar Pradesh's Kasganj. The court ruled that the accused, Pawan and Akash, grabbing the victim's breasts and snapping her pyjama strings did not amount to rape or attempted rape but was instead classified as serious sexual assault.
Justice Ram Manohar Narayan Mishra, presiding over the case, modified the summons order of the Special POCSO Court in Kasganj, directing a fresh summons. The court declared that the initial charges of rape were not legally valid and directed that the accused be tried under Section 9/10 (serious sexual assault) of the POCSO Act, along with the minor charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe).
According to the prosecution, the accused attempted to drag the minor girl beneath a culvert but fled the scene when a passerby intervened. Initially, the accused were summoned under Section 376 of the IPC (rape) and Section 18 of the POCSO Act. However, the High Court ruled that their actions did not amount to rape or attempted rape, downgrading the charges.
The controversial ruling has sparked outrage, with calls for stronger legal action and a review by the Supreme Court.
