NEW DELHI: Strongly criticising the controversial order passed by Allahabad high court that grabbing the breasts of a minor girl and snapping the string of her pyjama were not adequate to charge an accused with the offence of rape or attempt to rape, Supreme Court Wednesday said the verdict showed “total” insensitivity, and stayed its operation. “In normal circumstances, we are slow in granting stay at this stage. But since the observations appearing in paragraphs 21, 24 and 26 are totally unknown to the cannons of law and depict total insensitive and inhuman approach, we are inclined to stay the said observations,” a bench of Justices B R Gavai and A G Masih said of the order passed on March 17.
HC order wasn’t given at spur of moment, says SC, criticises judge New Delhi: Staying the controversial Allahabad high court order that grabbing the breasts of a minor girl and snapping her pyjama string were not enough to charge an accused with rape or attempt to rape, Supreme Court on Wednesday said the judgment was not written in a hurry and showed “application of mind” by the judge. “We have perused the said judgment and order..
. We are at pains to say that some of the observations made in the impugned order, and particularly in paragraphs 21, 24 and 26, depict a total lack of sensitivity on the part of the author of the judgment,” the Supreme Court bench said. “A perusal of the judgment will reveal that it is also not as if the judgment is dictated at the spu.
