Supreme Court’s understanding of Allahabad HC order in minor attack case

The listing comes the day after another Supreme Court court refused to entertain a written petition on issues raised by third parties. File | Image Source: Sushil Kumar Verma
The Supreme Court on Tuesday (March 25, 2025) Suo Motu Realizing that the Allahabad High Court order of March 17 concluded that “only” grabbing a minor victim’s breast and breaking her pajamas to “put down” her lower outfit is not enough to make a defendant’s inference that the defendant was “decided to commit rape”.
this Suo Motu The case is listed before being led by Justice Br Gavai and will be heard on March 26, 2025. Listing is the day after another Supreme Court court rejected a written petition on a matter raised by a third party.

In the order of March 17, the defendant challenged the rape charges in the trial court, with Justice Ram Manohar Narayan Mishra telling the indictment version, saying that the two defendants grabbed the breasts of an 11-year-old girl, broke the breasts of her pajamas rope and tried to drag her bonds under them and then dragged her company under them, then they were dragged to the passer at the time.
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Justice Mishra said that these facts do not support the allegations of Article 376 (rape) and Section 511 (trying to imprison for life) against Indian Penal Code (IPC or rape case) (Article 18 of POCSO (POCSO), Article 18 of Sexual Crime (POCSO), which is an attempt to punish attempts to commit crimes in a crime.
The single judge revised the subpoena order after “thoughtful consideration and a consistent review of the facts of the case” to point out ” Prima Facie The allegations of attempted rape are not directed at the defendant. ”
“Instead, they have the potential to be called up a few charges of Section 354(b) IPC, namely assaulting or abuse of a woman with intent to violate or force her naked, POCSO Act Section 9 provides punishment for serious sexual assault on child victims,” the March 17 order read. ”
publishing – March 26, 2025 at 04:06 am IST