New Delhi [India], March 20 : Priyank Kanoongo, a member of the National Human Rights Commission, on Thursday strongly criticized the Allahabad High Court's observation that "holding breast, breaking pyjama's string is not a crime of rape."
Kanoongo emphasised the alarming nature of this statement, particularly given the young age of the victim, who is only 11 years old
Kanoongo questioned how an 11-year-old could be expected to comprehend the definition of rape and attempted rape, highlighting the absurdity of the situation. He pointed out that the child was dragged to a secluded location, where an attempt was made to tear off her clothes and touch her inappropriately. Kanoongo argued that if this doesn't constitute rape, then what does?
"Holding breast, breaking pyjama's string is not a crime of rape", Member of the National Human Rights Commission, Priyank Kanoongo, says, " The victim, in this case, is only 11 years old, how can we communicate what is the definition of rape and attempt to rape to an 11-year-old?...the child was dragged to a place and attempt was made to tear open her clothes and touch her inappropriately, if this is not considered rape?...it is a very bad statement...then what should be considered as rape? Are we living in a filmy era?...how can we expect an 11-year-old to recreate the entire scene and say exactly what happened?...state govt needs to appeal against this...," said Kanoongo.
Senior Advocate Vikas Pahwa has also expressed concern over a recent observation by the Allahabad High Court stating that "holding breast and breaking the string of a pyjama does not constitute the crime of rape."
Speaking on the matter, Pahwa said, "This gives a bad signal to the entire criminal justice society where we feel that if somebody commits an offence, he will be punished."
Highlighting the role of the higher judiciary, he added, "The courts have to be a bit cautious of laying down the law. When we talk about High Courts and the Supreme Court, we talk about laying down precedents. We have to be a bit careful while dealing with such sensitive issues."
The observation by the Allahabad High Court has sparked discussions regarding judicial interpretations in cases involving sexual offences.
Earlier, the Allahabad court observed in a Protection of Children from Sexual Offences (POCSO) case of alleged rape of a minor girl that grabbing the breasts of the victim and snapping her pyjama strings do not constitute rape or attempt to rape but serious sexual assault.
A single bench of Justice Ram Manohar Narayan Mishra has modified the summons order of Special Judge POCSO Court of Kasganj and has ordered fresh summons. The court said that the summons issued on the charge of rape is not legal.
The accused, identified as Pawan and Akash, allegedly grabbed the breasts of an 11-year-old victim, tearing her pyjama string and attempted to drag her beneath a culvert in Uttar Pradesh's Kasganj. The accused fled from the spot after a passer-by came to her rescue. The case is registered in Patiyali police station.
Petitioners Akash, Pawan and Ashok were initially called to face trial under Section 376 of IPC and Section 18 of the POCSO Act. The High Court has directed that the accused should be tried under Section 9/10 (serious sexual assault) of the POCSO Act along with the minor charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe).