'Shocking': SC stays ruling that grabbing breasts isn't rape attempt
What's the story
The Supreme Court of India has stepped in to a shocking ruling by the Allahabad High Court in the sexual assault case of a minor.
The high court had last week ruled that grabbing a minor girl's breasts, breaking her pajama strings, and trying to drag her under a culvert, did not amount to an attempt to rape but aggravated sexual assault, which carries a lesser punishment.
The apex court registered its strong disapproval to the ruling, calling it "shocking."
Insensitivity
SC labels Allahabad HC's ruling as insensitive
The observation came while Justices BR Gavai and AG Masih of the Supreme Court were considering a suo motu case against the high court's controversial order.
"We are at pains to say that some of the observations made in the impugned judgment depict a total lack of sensitivity on part of the author of the judgment," the bench said.
Stay
Supreme Court stays Allahabad HC's controversial ruling
The SC noted the Allahabad HC judgment was not a spur-of-the-moment decision, but one that had been reserved for almost four months.
The bench said, "Since the observations are totally unknown to tenets of law and depict total insensitivity and inhuman approach, we are constrained to stay the observations."
The bench also issued notice to the Union of India, the state of Uttar Pradesh, and the parties before the high court.
Case details
Background of the case
The case concerns two men, Pawan and Akash, who are accused of sexually assaulting an 11-year-old. They had allegedly grabbed her breasts, snapped the string of her pajama and tried to pull her under a culvert.
The trial court initially charged them under Section 376 with Section 18 (attempt to commit an offense) of the Protection of Children from Sexual Offences Act, 2012.
The Allahabad HC later ruled these didn't amount to rape or an attempt to rape, but lesser charges.