Supreme Court takes suo motu cognisance of Allahabad HC order on minor assault case

The listing came a day after another Bench of the top court refused to entertain a writ petition on the issue filed by a third party. File
| Photo Credit: Sushil Kumar Verma

The Supreme Court on Tuesday (March 25, 2025) took suo motu cognisance of an Allahabad High Court order of March 17 which concluded that “mere” grabbing the breasts of a minor victim and breaking the string of her pyjama to “bring down” her lower garment are not sufficient facts to draw an inference that the accused persons were “determined to commit rape”.

The suo motu case is listed before a Bench headed by Justice B.R. Gavai, to be heard on March 26, 2025. The listing came a day after another Bench of the top court refused to entertain a writ petition on the issue filed by a third party.

In his March 17 order on a plea by the accused challenging the rape charge made in the trial court, Justice Ram Manohar Narayan Mishra recounted the prosecution version that the two accused had grabbed the breasts of an 11-year-old girl, broke the string of her pyjamas, and tried to drag her beneath as culvert before they fled when passers-by spotted them.

Downgraded to minor charges

Justice Mishra said these facts did not support a summons order on the charges of Sections 376 (rape) and 511 (attempt to commit offences punishable with life imprisonment) of the Indian Penal Code (IPC, or rape, read with Section 18 of the Protection of Children from Sexual Offences (POCSO) Act, which punishes an attempt to commit an offence under POCSO.

The Single Judge Bench modified the summons order after “thoughtful consideration and meticulous examination of the facts of the case” to note that “a prima facie charge of attempt to rape is not made out against the accused”.

“Instead they are liable to be summoned for minor charge of Section 354(b) IPC i.e. assault or abuse a woman with intent to disrobing or compelling her to be naked and Section 9 of POCSO Act provides punishment for aggravated sexual assault on a child victim,” the March 17 order read.