Prayagraj: During the hearing of the old case of raping a minor girl of 2021 by Justice Ram Manohar Narayan Mishra of the Allahabad High Court, the judgment has created a huge uproar throughout the country. Justice Mishra said that the victim’s attempt to catch the breasts or take off her clothes cannot be called a crime of rape. This can certainly be called sexual harassment. Along with this, the judge directed to prosecute the accused in minor allegations, in which the provision of punishment is less than that of rape cases.
A single bench of Allahabad High Court Justice Ram Manohar Mishra revised the summons order of Special Judge of Poxo Court in Kasganj on March 17 from a minor. Based on this order, the High Court gave a big relief to the three accused Pawan, Akash and Ashok in Kasganj district and ordered the lower court to issue new summons against them. Ashok is Pawan’s father.
Partly acknowledging the criminal revision petition filed by the accused, Justice Mishra said that the charge of summons and attempt to rape under Section 18 of Poxo is not valid. The High Court had asked the lower court to amend the summons and issue summons under molestation and other sections of the Poxo Act.
Justice Mishra said that it is not enough to hold her breasts, break the back of her pajamas and try to draw her under the bridge. There is a difference between preparing for sin and really trying to try it.
The incident is from Kasganj in Uttar Pradesh and the case has been registered at Patiala police station. The victim is an 11 -year -old girl. According to the complaint lodged by her mother, she was going with her 11 -year -old daughter, when the accused named Pawan and Akash arrived in the car. Seeing the mother-daughter, she stopped the car and offered to give them a lift. He then grabbed the victim’s breasts, tore her pajamas to the waistband and tried to pull her under the bridge. The girl shouted and the passersby came to save her, causing both the accused to run away from the spot. When the victim’s mother complained to Pawan’s father Ashok, she threatened her.
The accused in the case Akash, Pawan and Ashok were initially summoned by the trial court under Section 376 of the IPC and Section 18 of the Poxo Act. The accused challenged the summons in the High Court and demanded a soft punishment on them.
A single bench of Justice Ram Manohar Narayan Mishra has revised the summons order of Poxo Court of Kasganj on March 17. Justice Mishra has directed that the accused be prosecuted under Section 9/10 (serious sexual harassment) of the Poxo Act and Section 354-B of the IPC (an attack or use of criminal force) with the intention of removing clothes. Since very few decorating are given under these sections, suspicion is being expressed on the intention of Justice Mishra.
