NEW DELHI: Union minister for women and child development Annapurna Devi on Friday strongly criticised the Allahabad high court’s recent ruling, which downgraded charges in a case involving the sexual assault of an 11-year-old girl in Uttar Pradesh’s Kasganj and said that grabbing breasts and snapping pyjama string is not an attempt to rape.
The minister called on the Supreme Court to take urgent notice of the verdict, arguing that such a decision has “no place in a civilised society,” reported PTI.
“I am completely against this decision and the Supreme Court should take serious note of it,” Devi was quoted by the news agency PTI. She further warned that such a ruling could send a dangerous message to society, potentially undermining efforts to protect women and children from sexual violence.
“Somewhere, this will have a negative impact on society and we will discuss this matter further,” she added.
The case involves two men, Pawan and Akash, who allegedly grabbed the minor’s breasts, tore her pyjama string, and attempted to drag her under a culvert while she was walking with her mother.
Initially, they were charged under Section 376 of the IPC (rape) and relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.
However, the Allahabad high court ruled that their actions did not constitute rape or an attempt to rape but instead fell under the lesser charge of aggravated sexual assault, punishable under Section 354(B) IPC and Section 9(m) of the POCSO Act.
The high court’s ruling was based on the argument that an attempt to commit rape must go beyond mere preparation and demonstrate a “greater degree of determination.”
The court noted that there was no evidence to suggest that the accused intended to commit rape and said, “There is no allegation that the accused tried to commit penetrative sexual assault against the victim.”
Instead, the court directed that the accused be tried under lesser charges.