New Delhi: The Supreme Court on Wednesday stayed the Allahabad High Court of March 17 which stated that grabbing the breast of a minor and breaking the string of her pyjama does not constitute as rape.
The Top Court said that the order was shocking and is considering exercising suo motu jurisdiction against the High Court.
"We are at pains to say that some of the observations made in the impugned judgment depict a total lack of sensitivity on the part of the author of the judgment," the Apex Court said.
SC Bench
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The Supreme Court bench comprising Justice BR Gavai and Justice AG Masih, said that the observations made by the High Court are "totally unknown to the tenets of law and depict total insensitivity and inhuman approach".
The Court also issued a notice to the Central Government and the Uttar Pradesh government seeking their reply.
Backgrounder
The High Court made the remarks while hearing a petition moved by the accused challenging the lower court's order to summon them under the Protection of Children from Sexual Offences Act (POCSO).
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The accused, Pawan and Akash, grabbed the breasts of the 11-year-old victim, and one of them broke the string of her pyjama and tried to drag her beneath the culvert.
(...being updated)
