The Supreme Court halted the Allahabad High Court’s observations, which said mere grabbing of the breast and pulling the string of ‘pyjama’ do not amount to the offense of rape.

While pausing the Allahabad HC order, the apex court said that the observations depict total insensitiveness and an inhuman approach.

A bench headed by Justice BR Gavai said that it is a serious matter and total insensitiveness on the part of the judge who passed the judgement.

“We are pained to state that it shows a total lack of sensitivity on the part of the author of the judgment,” the apex court said, as quoted by the news agency ANI.

On Tuesday, the top court took suo moto cognizance of the ruling by the Allahabad HC. Earlier, according to PTI, the Allahabad HC had ruled that mere grabbing of the breast and breaking of the string of a ‘pyjami’ do not amount to the offense of rape but fall under the ambit of assault or use of criminal force against any woman with the intent to disrobe or compel her to be naked. 

A single bench of Justice Ram Manohar Narayan Mishra modified the summons order of the Special Judge POCSO Court of Kasganj. The court ordered a fresh summons and said that the summons issued on the charge of rape is not legal, as per ANI. 

ANI earlier reported that the accused, identified as Pawan and Akash, allegedly grabbed the breasts of the victim (minor), tearing her pajama string, and attempted to drag her beneath a culvert. However, after a passerby came to the victim’s rescue, the accused fled from the scene. 

The incident is in Uttar Pradesh’s Kasganj, and the case was registered at Patiyali police station.