New Delhi, April 13: The Supreme Court will on Tuesday (April 15) hear the suo moto case where it had stayed an Allahabad High Court judgment that ruled grabbing breasts and breaking a pyjama string didn’t amount to an attempt to rape.
A bench of Justices B R Gavai and Justice A G Masih will hear the matter, including a plea from the victim’s mother.
On March 26, the apex court observed that the HC judgment reflected a "total lack of sensitivity and an inhumane approach," particularly pointing to remarks made in paras 21, 24, and 26 of the judgment.
The SC had issued notices to the Centre, UP government, and other parties involved, and asked Attorney General R Venkataramani and Solicitor General Tushar Mehta to assist in the matter.
The Allahabad HC ruling by Justice R M N Mishra had altered charges against the accused, Pawan and Akash, from attempt to rape under IPC Section 376 and POCSO Section 18 to lesser charges under IPC Section 354(b) and Sections 9/10 of POCSO. The HC reasoned that the case did not show "penetrative sexual assault" or sufficient evidence for an attempt to rape.
The SC took cognisance following a letter by senior advocate Shobha Gupta urging the CJI to intervene.
