Supreme Courtroom takes suo motu cognisance of Allahabad HC order on minor assault case

The itemizing got here a day after one other Bench of the highest courtroom refused to entertain a writ petition on the problem filed by a 3rd celebration. File
| Photograph Credit score: Sushil Kumar Verma

The Supreme Courtroom on Tuesday (March 25, 2025) took suo motu cognisance of an Allahabad Excessive Courtroom order of March 17 which concluded that “mere” grabbing the breasts of a minor sufferer and breaking the string of her pyjama to “carry down” her decrease garment aren’t ample details to attract an inference that the accused individuals have been “decided to commit rape”.

The suo motu case is listed earlier than a Bench headed by Justice B.R. Gavai, to be heard on March 26, 2025. The itemizing got here a day after one other Bench of the highest courtroom refused to entertain a writ petition on the problem filed by a 3rd celebration.

In his March 17 order on a plea by the accused difficult the rape cost made within the trial courtroom, Justice Ram Manohar Narayan Mishra recounted the prosecution model that the 2 accused had grabbed the breasts of an 11-year-old lady, broke the string of her pyjamas, and tried to pull her beneath as culvert earlier than they fled when passers-by noticed them.

Downgraded to minor fees

Justice Mishra stated these details didn’t assist a summons order on the fees of Sections 376 (rape) and 511 (try to commit offences punishable with life imprisonment) of the Indian Penal Code (IPC, or rape, learn with Part 18 of the Safety of Youngsters from Sexual Offences (POCSO) Act, which punishes an try to commit an offence beneath POCSO.

The Single Choose Bench modified the summons order after “considerate consideration and meticulous examination of the details of the case” to notice that “a prima facie cost of try to rape just isn’t made out towards the accused”.

“As an alternative they’re liable to be summoned for minor cost of Part 354(b) IPC i.e. assault or abuse a lady with intent to disrobing or compelling her to be bare and Part 9 of POCSO Act supplies punishment for aggravated sexual assault on a toddler sufferer,” the March 17 order learn.