The Supreme Court has stayed the disputed order given by the Allahabad High Court regarding the rape case. In fact, the High Court had said in the order that it is not enough to accuse the girl’s breasts, breaking the stun of her pajamas.
During the hearing in the Supreme Court, the sensitivity of the judge who wrote the order was questioned. The Supreme Court said, ‘We are sad to see that this decision is showing the lack of sensitivity in the writer. This decision was not taken immediately, but was pronounced 4 months after keeping safe. We usually hesitate to postpone at this level, but the things done in para 21, 24 and 26 are not in the law and it shows lack of humanity. We stop the comments made in these paras.
The decision was objected to by an organization called ‘We the Woman of India’ and brought to the Supreme Court. The apex court later took automatic cognizance of this. The order given by the Allahabad High Court on Monday was banned by the bench of Justice BR and Justice Augustine George Christ.
Also, the Supreme Court has sought a response from the Central Government and the Uttar Pradesh government in this case. At the same time, Atarney General R Venkataramani and Solicitor General Tushar Mehta have demanded cooperation. The special thing is that on March 24, a bench of Justice Bela Trivedi and Justice Prasanna B. Varale refused to hear the PIL filed against the Allahabad High Court order.
Who gave the decision
A bench of High Court Justice Justice Ram Manohar Narayan Mishra made this comment, partially accepting the revision petition filed on behalf of two accused. The accused in their petition challenged the order of the lower court in which they were asked to face the case under Section 18 of the Protection (Poxo) Act with Section 376 (attempt to rape) of the Indian Penal Code (IPC).
The single bench of the High Court had said, ‘According to the prosecution, only the fact that two accused, Pawan and Akash caught the victim’s breasts. One of them broke the pulse of his pajamas and tried to pull him under the culvert, but he ran away on the intervention of passers or witnesses, not enough to bring under Section 18 of Poxo Act with Section 376, 511 IPC or Section 376 IPC. ‘ The order further stated that to accuse him of rape attempt, the prosecution would have to establish that the act had moved beyond the preparation stage.
