The Supreme Court stayed the controversial order of the Allahabad High Court and said the judgment showed a “lack of sensitivity”.

 

 

The controversial Order of Allahabad High Court observed that acts like grabbing breasts or breaking the string of pyjamas do not constitute an attempt to rape and the prosecution must go beyond this “stage of preparation” to prove its charges against a rape accused. 

 

 

 

The Supreme Court took suo motu cognizance of the case after an organisation, ‘We the Women of India,’ approached the Apex court against the 17th of March Order of the Allahabad High Court.

 

 

 

The Bench of Justices BR Gavai and Augustine George Masih said the judgment showed a lack of sensitivity on the part of the High Court Judge. The Apex Court also sought a response from the Centre and the Uttar Pradesh government and also sought the assistance of Solicitor General Tushar Mehta and Attorney General R Venkataramani.

 

 

 

On the 17th of this month, a Bench of Justice Ram Manohar Narayan Mishra passed the controversial Order while allowing the accused’s criminal revision plea in UP’s Kasganj.

 

 

 

The Court observed, the allegations levelled against the accused, Pawan and Akash, and facts of the case hardly constitute an offence of attempt to rape in the case. To bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation.