NEW DELHI: The Supreme Court on Monday stayed the entire order of the Allahabad High Court's March 17 decision, which had held that “mere” grabbing the breasts of a minor victim and breaking the string of her pyjama to “bring down” her lower garment were not sufficient facts to infer that the accused were “determined to commit rape”.
A two-judge bench of the apex court, headed by Chief Justice Surya Kant and also comprising Justice Joymalya Bagchi, said it will hear the case in January for a final hearing and indicated that it will lay down guidelines for trial courts to follow while passing orders in POCSO (Protection of Children from Sexual Offences) cases.
Senior Advocate Shobha Gupta, appearing as amicus curiae, argued that the Allahabad HC had earlier remarked in another case that “the victim invited trouble by drinking liquor and agreeing to go to the place of the accused at night”. She said courts in Calcutta and Rajasthan have also made similar remarks in sensitive gender crime cases, which are “totally insensitive, legally unsustainable, and send a wrong message to society”.
Advocate Prashanth Padmanabhan, appearing for NGO ‘Stree Shakti’, added that in a sessions court proceeding earlier in the day, a girl was allegedly harassed during an in-camera hearing.
Gupta stressed that a word of caution must be issued to High Courts and lower courts to display sensitivity and responsibility while making observations in such cases, noting that the impugned order is not an isolated incident and that the frequency of such remarks is “disturbing and alarming”.
Taking note of these submissions, the CJI said, “You cite all these instances in a written note. We shall issue a set of guidelines for all High Courts and lower courts because such observations, as impugned, can have a chilling effect on victims and society at large.”
The top court also noted that Gupta, appearing as amicus, has been asked to submit a brief note of submissions.
“Let the SLP (Special Leave Petition) be listed along with these proceedings. Meanwhile, so that no prejudice is caused to the victim, operation of the HC order is stayed. The trial court shall proceed with the trial based on the summoning order under Sections 376 (rape) and 511 (attempt to commit offences punishable with imprisonment) of the Indian Penal Code, and under POCSO. The trial court shall proceed on the basis that we have not expressed any final opinion,” the bench ordered.