‘SC should intervene, has broader impact’: Centre disagrees with Allahabad HC verdict ruling grabbing minor’s breast not rape

Hearing a POCSO case, the Allahabad High Court observed mere grabbing of a minor's breasts or snapping pyjama strings does not constitute rape. The Court altered charges against accused in the case

Minor rape Representational image

The Centre on Friday raised concern over Allahabad High Court’s verdict in a POCSO case ruling grabbing minor’s breasts or snapping a pyjama string do not constitute rape or an attempt to rape. The Union ministry for women and child development said the Supreme Court must intervene in the matter.

Talking to presspersons, Annapurna Devi, Union Minister for Women and Child Development, said the Supreme Court should intervene in the matter as the order has wider implications. “I am completely against this decision and the Supreme Court should take serious note of it. Such a ruling has no place in a civilized society,” PTI reported.

The minister added the order has broader repercussions and it could affect society negatively. She added, “Somewhere, this will have a negative impact on society and we will discuss this matter further.”

The Allahabad High Court on Thursday ruled mere grabbing of a minor’s breasts or snapping pyjama strings will not constitute as rape or attempt to rape under the POCSO Act. The High Court was hearing a plea moved by two accused of a POCSO case in Uttar Pradesh seeking to alter charges registered against them in the case. The duo are accused of attempting to rape a 11-year-old girl in Kasganj in 2021.

The accused were charged under section 376 IPC for rape and section 18 under POCSO Act, attempting to commit an offence. The Allahabad High Court, hearing the matter, observed, “Fact is not sufficient to draw an inference that the accused persons had determined to commit rape on the victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim,” Bar and Bench reported. The High Court directed the trial court to alter the charges to section 354B IPC, assault or use of criminal force with intent to disrobe, along with Sections 9/10 of the POCSO Act, aggravated sexual assault, and issue fresh summons to the accused.

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