SC takes cognisance of Allahabad HC order that grabbing child’s breasts is not attempt to rape

The Supreme Court on Tuesday took suo motu notice of Allahabad High Court’s recent order, which said that acts of grabbing a child’s breasts, breaking the string of her pyjama and attempting to drag her beneath a culvert do not constitute the offence of attempt to rape or rape, Bar and Bench reported.

The matter will be heard by a bench of Justices BR Gavai and Augustine George Masih on Wednesday.

This came a day after a Supreme Court bench of Justices Bela Trivedi and Prasanna B Varale dismissed a public interest litigation petition filed against the High Court order.

The observations under scrutiny were made by High Court Justice Ram Manohar Narayan Mishra on March 17 while altering charges against two men accused of attempting to rape a 11-year-old girl in 2021.

The two men were originally summoned by a court in Uttar Pradesh’s Kasganj district to stand trial under charges of rape under the Indian Penal Code and attempted rape under the Protection of Children from Sexual Offences Act. They, however, challenged the summons, arguing that even if the complaint was taken at face value, it did not constitute an offence of attempt to rape.

However, the High Court had directed them to be tried for assault with intent to disrobe under the Indian Penal Code,...

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