In its March 17 order, the Allahabad High Court had held that mere grabbing of the breast and pulling of the ‘pyjama’ string does not amount to the offence of rape but such offences amount to assault or use of criminal force against a woman.
स्तन पकड़ना और ‘पायजामे’ का नाड़ा खींचना … रेप पर इलाहाबाद HC के जज की विवादित टिप्पणी पर SC सख्त, अमानवीय करार देते हुए लगाई रोक
The Supreme Court on Wednesday stayed the comments made in a controversial order of the Allahabad High Court which said that merely grabbing the breast and pulling the string of the ‘pyjama’ does not fall under the purview of the crime of rape. The apex court said that the comments are completely insensitive and inhuman.
A bench of Justices BR Gavai and Augustine George Masih of the Supreme Court issued notice to the Center, Uttar Pradesh government and others in the proceedings initiated by taking suo motu cognizance in the case related to the March 17 order of the Allahabad High Court. The bench said that it is pained to say that some of the comments made in the High Court order are completely insensitive and inhuman.
Justice BR Gavai said during the hearing that we are sorry for the use of such harsh words by a judge. The court said that we have seen the order of the High Court. Paragraphs 24, 25 and 26 of the High Court order show a complete lack of sensitivity by the judge. It is not that the decision has been taken in a hurry. The verdict has been pronounced 4 months after the decision was reserved after the hearing. The Supreme Court said that the victim’s mother has also approached the court. Her petition should also be joined and both will be heard together. The Supreme Court has asked the Solicitor General and Attorney General to assist the court during the hearing. The case will now be heard after two weeks.
The Allahabad High Court had said in its order on March 17 that merely grabbing the breast and pulling the string of the ‘pyjama’ does not fall under the purview of the crime of rape but such crimes fall under the purview of assault or use of criminal force against any woman. This order was given by Justice Ram Manohar Narayan Mishra on a petition filed by two persons. These accused had filed this petition challenging an order passed by the Special Judge of Kasganj.
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