The Supreme Court has ordered that the Allahabad High Court's ruling which observed that acts like grabbing a woman's breast, breaking her pyjama-string and dragging her underneath the culvert are insufficient to charge the accused under provisions pertaining to Attempt to rape or Rape under the Indian Penal Code and other criminal laws, shall remain stayed.
A bench led by CJI Surya Kant also directed that the trial of accused persons in the said matter shall proceed under the charges of Attempt to rape and Rape under the Indian Penal Code (IPC) and POCSO Act and not under any lesser charges.
However, the bench clarified that it expresses no opinion on the merits of the case and that the accused persons (defendants) shall be at liberty to challenge the higher charges invoked against them.
The top court also expressed that it is inclined to lay down certain guidelines with regard to such 'unfortunate' observations made by various High Courts in dealing with sensitive matters.
"We are inclined to lay down some comprehensive guidelines with regard to the degree of sensitivity required to be observed by High Courts in certain matters. Sometimes they make observations which may have gone unnoticed. Sometimes, unfortunately, the victims and their families have to reconcile with other parties (instead of pressing charges any further) because of these observations", CJI Kant said.
The order came on a suo moto case initiated by the top court in which it had earlier stayed the observations of the Allahabad High Court, which noted that the aforesaid acts (breast-grabbing and loosening the draw-string of a woman's pants) would amount to charges such as aggravated sexual assault and not stronger charges such as Attempt to rape or Rape.
The top court has also taken note of an SLP (special leave to appeal) separately filed in the Supreme Court challenging the Allahabad High Court's order. It has tagged the appeal plea along with the suo moto case, in which the Court is slated to issue guidelines.
It has also asked amicus (court-appointed lawyer) and Senior Advocate Shobha Gupta in the matter to submit a report with instances of such 'unfortunate' observations made by various High Courts across the country to assist the top court for the purpose of laying down guidelines, in this regard.
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