Outrage Over Allahabad High Court's Controversial Ruling on Definition of Rape

National Human Rights Commission's Priyank Kanoongo criticizes Allahabad High Court's ruling that 'holding breast, breaking pyjama's string' isn't rape. Concerns rise over judicial interpretations in sexual offence cases as legal experts stress caution and sensitivity in defining precedents.

Priyank Kanoongo, a member of the National Human Rights Commission, has strongly condemned the Allahabad High Court's observation stating that 'holding breast, breaking pyjama's string is not a crime of rape.' Kanoongo expressed particular concern due to the victim being just 11 years old, stressing the alarming nature of the court's statement.

Highlighting the implausibility for a minor to comprehend legal definitions, Kanoongo questioned how an 11-year-old could understand rape or attempted rape. He described the incident where the child was isolated, her clothes nearly torn, and she was touched inappropriately. Kanoongo argued adamantly that such acts should indeed be considered rape.

Senior Advocate Vikas Pahwa also criticized the high court's observation, which he believes sends a negative signal to the criminal justice system. Pahwa emphasized that higher courts need to exercise caution when setting legal precedents, particularly in sensitive areas involving sexual offences.

The Allahabad High Court's ruling followed a POCSO case where the alleged actions were deemed serious sexual assault rather than rape. The case involved two accused, Pawan and Akash, who confronted an 11-year-old in Kasganj, Uttar Pradesh, before fleeing upon being interrupted. The High Court ordered trial under specific sections of the IPC and POCSO Act, adjusting previous charges.

(With inputs from agencies.)