Allahabad HC Sparks Debate: People have expressed their displeasure over a controversial comment made by the Allahabad High Court. During the hearing of a case, the High Court has said that grabbing a girl's breasts, breaking the string of her pyjama and trying to drag her under a culvert is not enough to accuse her of rape or attempted rape. The court said that this only comes under the category of sexual harassment. This decision of the single bench of the High Court has become a topic of discussion on social media. This comment was made by Justice Ram Manohar Narayan Mishra of Allahabad High Court on the petition of Akash and Pawan in a case registered in Patiyali police station of Kasganj, UP.
According to the report of 'Dainik Bhaskar', Justice Ram Manohar Narayan Mishra of Allahabad High Court said in his order, "Holding the breasts of the victim, breaking the string of her pyjama, trying to drag her under the culvert cannot be considered rape or attempted rape."
A revision petition had challenged the summoning order of Special Judge POCSO Act Kasganj. Two accused Pawan and Akash were summoned by a Kasganj court to face trial under Section 376 (rape) of the Indian Penal Code (IPC) and Section 18 of the POCSO Act for allegedly raping an 11-year-old girl. Akash allegedly broke the string of her pyjama and tried to drag her under the culvert.
However, passersby intervened and the accused were forced to flee from the spot. This left the victim at the spot. The trial court found that the case was of attempted rape. It falls under the purview of POCSO Act as well as Section 376 of IPC. However, the accused challenged the order and approached the Allahabad High Court.
High Court's comment
Justice Narayan Mishra, during the trial, said that the allegations levelled against the accused Pawan and Akash and the facts of the case hardly make out the offence of attempted rape in the case. To allege attempted rape, the prosecution would have to establish that it had gone beyond the stage of preparation.
"The allegation against Akash is that he tried to drag the victim under the culvert and broke the string of her pyjama. The witnesses have also not stated that the victim became naked or her clothes came off as a result of the accused's act. There is no allegation that the accused tried to sexually assault the victim," the court said, according to NDTV.
The bench said that the allegations and facts levelled against the accused do not constitute the offence of attempted rape. With this, the court converted the charges against both the accused to minor charges of Section 354-B (assault or use of criminal force with intent to disrobe) of IPC and Section 9/10 (aggravated sexual assault) of POCSO Act.
War broke out on social media
This decision of the High Court is being widely discussed on social media. People are criticizing it. One user wrote, "How can someone sitting on the judge's chair have such a perverted and low mentality? Shameful." Another wrote, "If this girl was not the daughter of a poor person but of a big officer, leader or judge, would the standards of attempt to rape still remain the same? Why so much fault-finding in giving justice to the poor?"
Congress spokesperson Supriya Shrinet has also criticized this decision. While sharing this news, she wrote, "This is what Allahabad High Court judge Ram Narayan Mishra has said… What should half the population of this country expect from a law that is made for the protection of a woman."
A user wrote, "Judge Ram Manohar Narayan Mishra has encouraged the rapists. What impact will his statement have on society? Does he know it or not? This brutality was being done to a girl. This is Justice Mishra's comment on it. If this judge would have been a Yadav, the BJP IT cell would have defamed him by now."
One user quipped, "If Justice Ram Manohar Narayan Mishra has said this, he must have said it after giving it some thought. The Indian government is advised to make the Chief Justice of the Supreme Court in view of the talent of the judge."
