The Supreme Court on Wednesday stayed the controversial order of Allahabad high court which observed that acts like grabbing breasts or breaking the string of pyjamas do not constitute an attempt to rape, and the prosecution must go beyond this “stage of preparation” to prove its charges against a rape accused.
The top court had initiated a suo motu hearing on the issue after the organisation ‘We the Women of India' approached the apex court against the March 17 order of the Allahabad high court.
The bench of Justices BR Gavai and Augustine George Masih said the judgement showed a “lack of sensitivity” on the part of the high court judge.
“We are pains to state that it shows total lack of sensitivity on part of the author of the judgment. It was not even at the spur of the moment and was delivered 4 months after reserving the same. Thus there was application of mind. We are usually hesitant to grant stay at this stage. But since observations in para 21,24 and 26 is unknown to cannons of law and shows inhuman approach. We stay the observations in said paras,” the court ordered.
The top court also sought a response from the Centre and the Uttar Pradesh government and also sought the assistance of solicitor general Tushar Mehta and attorney general R Venkataramani.
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