25 May 2025, Sun

Supreme Court Takes Suo Motu Cognisance Controversial Decision of Allahabad High Court Regarding Attempt to Rape of Minor Ann

Supreme Court: The Supreme Court has taken self -cognizance on the controversial decision of the Allahabad High Court in a case related to the rape attempt with a minor girl. The case will be heard on Wednesday (26 March 2025). The matter is being heard in the bench of Justice BR Gawai and Augustin George Christ.

Criticism of High Court decision

In this decision on March 17, the High Court had said that catching the victim’s private organs and breaking the pajamas will not be called an attempt to rape. This part of the decision was being criticized all -round. Many lawyers and social workers had requested the Supreme Court to take cognizance of the case.

In the case on which this disputed decision of the Allahabad High Court came, 2 accused had sections 376 (rape), 18 (attempt of crime) and sections of the Poxo Act. Justice Ram Manohar Narayan Mishra, who gave a decision on the case, recorded the facts of the incident with an 11 -year -old girl. His conclusion was that this is a case of trauma on the dignity of the woman. Can not call it an attempt to rape or rape.

The section of rape was removed

Justice Mishra had removed both the accused to prosecute Section 354-B (for the purpose of stripping the woman) and Section 9 (serious sexual attack) of the Poxo Act, removing the section of the rape. People were demanding cognizance of the Supreme Court in view of the conclusion of Justice Mishra and the far -reaching impact of his comments.

A PIL was also filed in the Supreme Court regarding this matter. On March 24, a case was found in a bench headed by Justice Bela Trivedi. He had expressed displeasure over the petitioner and his advocate on records being present and the appeal of any other lawyer in his place. After this, he dismissed the petition.

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