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Union Minister Annapurna Devi said that this decision will send a wrong message to the society. (File photo)
Controversy has started over a recent decision of the Allahabad High Court. The court had said that it is not a rape of a woman’s private part and pulling the string of her pajamas. Now Union Women and Child Development Minister Annapurna Devi has called this decision of the High Court completely wrong.
He said- The Supreme Court should seriously consider it. There is no place for such decisions in civilized society. Somewhere it will have a wrong effect on society.
TMC and AAP MPs also expressed displeasure
TMC MP June Malia also criticized the decision, saying, “This is an example of very embarrassing and insensitivity towards women. We have to come out of such a mindset.”
At the same time, Aam Aadmi Party MP Swati Maliwal also expressed displeasure and said, “I could not understand what was the reasoning behind this decision? The Supreme Court should intervene immediately.”
Trial court asked the accused to run a case, High Court rejected
The trial court had ordered the accused to prosecute the IPC under sections 376 (rape) and other sections. But the accused challenged this in the High Court. The trial court’s decision was rejected. But there was a dispute over the comment of Allahabad High Court Justice Ram Manohar Narayan Mishra.
What Justice Mishra said …
- The accused caught the woman’s private part and tried to take off her clothes, but it cannot be considered an attempt to rape.
- A clear intention should be seen to prove rape attempt.
- On the basis of facts, it is a case of attack (Section 354 of IPC), not rape, not of rape.
The court reduced the allegations against accused Akash and Pawan under Section 376 (rape) of IPC and Section 18 of POCSO Act. Now they will be prosecuted under Section 354 (b) (Use of an attack or criminal force) and Section 9/10 (serious sexual attack) of the POCSO Act. Directed the lower court to issue fresh summons.
Sexual harassment on the pretext of giving lift
A woman from Kasganj lodged a complaint in the court on January 12, 2022. It was alleged that on November 10, 2021, she went to Devrani’s house in Patiali, Kasganj with her 14 -year -old daughter. She was returning home in the evening the same day. On the way, Pawan, Akash and Ashok, who live in the village, were found.
Pawan asked the daughter to sit on her bike and leave the house. The mother trusted him on the bike, trusting him. But on the way, Pawan and Akash caught the girl’s private part. Akash tried to draw her under the culvert and broke the string of her pajamas.
Hearing the screams of the girl, Satish and brown passing through the tractor reached the spot. The accused threatened both of them by showing indigenous pistol and escaped. Subsequently, when the victim’s mother went to the house of accused Pawan’s father Ashok, she abused and threatened. When the police did not register an FIR, they appealed to the court.
Justice said- not allegations of attempting penetrative sex In his order on March 17, Justice Ram Manohar Mishra said, the prosecution has to prove that the matter had only proceeded from the preparation to accuse him of the rape attempt. Between preparations and real efforts, the inside is in excess of determination. In this case, the accused Akash is accused of trying to pull the victim under the culvert and broke her pulse. But the witnesses did not say that the victim’s clothes got off. Nor is it alleged that the accused tried for penetrating sex with the victim.
Supreme Court overturned a similar decision of Bombay High Court On November 19, 2021, the Supreme Court overturned the decision of Nagpur bench of Bombay High Court. It was said that touching the sexual organs of a child or any act related to physical contact with sexual intentions would be considered a sexual attack under Section 7 of the Poxo Act. It has an important intention, not skin contact with the skin.
Bombay High Court Additional Judge Pushpa Gaynadiwala acquitted an accused of sexual harassment in January 2021, saying that a minor victim’s private organs could not be considered a crime in poxo without skin to skin contact. However, this decision was later overturned by the Supreme Court.
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