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The Supreme Court on Tuesday took notice on the Allahabad High Court’s decision.
The Supreme Court took notice on Tuesday on the Allahabad High Court’s ‘grabbing the breast of a minor girl and breaking the pulse of her pajamas …’ on Tuesday on the decision. The bench of Justice BR Gawai and Augustine George Christ will hear the bench in this case on Wednesday.
Earlier, the Supreme Court refused to hear a petition filed on this case. The petition demanded the removal of the disputed part of the judgment.
The Supreme Court has agreed to hear after opposition from legal experts, politicians and experts from different regions on this decision.
First know what the Allahabad High Court said A girl’s personal parts, breaking the pulse of her pajamas and forcibly trying to pull her under the culvert, do not cause a case of rape or ‘Atampt to rape’.
On Monday, Justice Ram Manohar Narayan Mishra of Allahabad High Court changed the currents on 2 accused, giving this verdict. At the same time, the criminal revision petition filed against 3 accused was accepted.
3 year old case, mother lodged FIR In fact, a woman from Kasganj in UP filed a complaint in the court on January 12, 2022. She alleged that on November 10, 2021, she had gone 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. On this, the accused threatened both of them by showing desi gun and escaped.
The High Court had said that the charge of ‘Atampt to rape’ should be removed on the accused. He was ordered to run a case under other sections of sexual harassment. (Symbolic picture)
The victim’s mother went to register an FIR, but the police did not take any action When the victim’s mother reached the house of the accused Pawan to complain, Pawan’s father Ashok abused her and threatened to kill her. The woman went to the police station to register an FIR the next day. When the police did not take any action, he moved to the court.
On 21 March 2022, the court accepted the application as a complaint as a complaint. Statements of complainants and witnesses were recorded. A case was registered against the accused Pawan and Akash under Section 376, 354, 354B and Section 18 of POCSO Act. At the same time, accused Ashok registered a case under sections 504 and 506 of the IPC.
The accused denied the summons order and filed a revision before the High Court. That is, asked the court that these allegations should be considered again. The single bench of Justice Ram Manohar Narayan Mishra accepted the Criminal Revision Petition.
The Allahabad High Court heard the case on 17 March.
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 in another such case. 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 POCSO 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.
Read this news too …
Today’s Excellener: Catching the private part of the girl, breaking the pulse of salwar is not an attempt to rape; What will be the effect of Allahabad High Court’s decision
A girl’s personal parts, breaking the pulse of her pajamas and forcibly trying to pull her under the culvert, do not cause a case of rape or ‘Atampt to rape’. On Monday, the Allahabad High Court gave this verdict and changed the sections on two accused. What is the whole matter, why did the court say there is a difference between the attempt and preparation of rape and what will be the impact of this decision; Read full news …
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