Mother of minor victim moves SC against ruling by Allahabad High Court

The controversial ruling by the Allahabad High Court that held that mere grabbing of the breast and pulling the drawstring of a 'pyjama' does not amount to the offence of rape has been challenged by the victim's mother.

On March 26, the top court had stayed the controversial ruling after taking suo motu cognisance of the same. On Wednesday, a division bench comprising Justices BR Gavai and AG Masih considered the plea filed by the complainant (victim's mother) along with an organisation named 'Just Rights For Children Alliance', challenging the Allahabad High Court ruling.

The matter was tagged with the suo motu case registered by the court against the same HC decision. On a specific request of the petitioners, the bench directed the Registry of the HC to redact the name of the complainant in the case records. On March 26, the same bench stayed the Allahabad HC ruling. The Bench had verbally remarked (at the last hearing) "we are at pains to state that it shows total lack of sensitivity on part of the author of the judgement. It (the order by high court) was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was application of mind".