New Delhi: A day after refusing to listen to a plea challenging the Superior Court of AllahabadThe ruling, which declared that “grabbing a Minor girlThe breasts, breaking their pajamas ropes did not amount to rape or attempt to rape, “on Tuesday, the Supreme Court took into account the ruling on its own.
A Bank of Judges Br Gavai and AgustÃn George Masih is scheduled to listen to the matter on Wednesday.
Previously, a bank composed of Judges Bela Trivedi and Prasanna B Varalea dismissed the petition, stating that the court was not inclined to entertain it.
The ruling of the Superior Court reached a case that involved two men, Pawan and Akash, who allegedly grabbed the minor’s breasts, broke the pajamas rope and tried to drag it under a sewer while walking with their mother. Initially, they were accused under Section 376 of the IPC Law (violation) and the Law for the Protection of Children of Sexual Crimes (POCSO).
However, Allahabad HC ruled that their actions did not qualify as a violation or an attempt to violate, but fell under the least position of aggravated sexual assaultpunishable with section 354 (b) CPI and section 9 (m) of the Pocso Law.
The ruling of the Superior Court was based on the argument that “an attempt to commit a violation must go beyond the preparation stage and the real attempt to commit a crime consists mainly to the greater degree of determination.”
“The specific accusation against Akash is that he tried to drag the victim under the sewer and broke the chain of his pajamas. It is not affirmed by the witnesses who, due to this act of the accused, the victim was naked or naked.
In view of this, the court said that the accusations were leveled against the accused and the facts of the case barely constituted a crime of attempt to violate in the case.
