Centre condemns Allahabad HC's 'not rape' ruling: 'Wrong order...will send wrong message to society'

Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled in favour two men who challenged the summons issued by a lower court on the charges of rape. (File photo/PTI)

Union Minister of Women and Child Development Annapurna Devi on Friday came down heavily on the verdict by an Allahabad High Court judge that said grabbing a woman's breast and snaping the strings of her pyjama does not constitute the offence of rape and would instead fall under the offence of assault with an intent to disrobe.

Terming the decision "wrong", the minister said the verdict would "send a wrong message to society", and urged the Supreme Court to take note of the matter.

Speaking to reporters outside the Lok Sabha, Devi said she "completely disagreed" with the verdict and called for the Supreme Court to take cognizance of the matter.

"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," she told PTI.

The statement came in response to a verdict by a single-judge bench of Justice Ram Manohar Narayan Mishra of the Allahabad High Court that ruled in favour two men who had challenged a summons issued by a lower court on the charges of rape.

Modifying the summoning order, the HC ruled actions such as grabbing a child victim's breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert before fleeing do not constitute the offence of rape or attempt to rape.

The court also altered the charges against the two accused, who were originally summoned to stand trial under Section 376 IPC (Rape) and Section 18 (Punishment for attempt to commit an offence) of the Protection of Children from Sexual Offences (POCSO) Act.

The High Court instead directed that the accused be tried under the lesser charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe), along with Sections 9/10 of the POCSO Act (aggravated sexual assault).

"The allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down lower garment of the victim and for that purpose they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident. This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on 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 quoted the judge as saying in the order.

The case dates back November 10, 2021. According to the complaint filed by the victim, she and her 14-year-old daughter were returning from the home of her sister-in-law in the evening when three men from their village - Pawan, Akash, and Ashok - approached them on a muddy road.

Pawan offered to drop the victim's daughter home on his motorcycle, and the woman, trusting him, allowed her daughter to go with him. The accused stopped on the way and allegedly assaulted her.

Rajya Sabha MP and former Delhi Commission for Women chief Swati Maliwal echoed the sentiments of the WCD minister and said the HC's observation was dangerous for society.

"...This statement is very insensitive and it is very dangerous for the society. The Supreme Court should intervene in this matter," she said.

(With Agencies)