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Supreme Court stays ‘insensitive, inhuman’ remarks by Allahabad High Court on rape

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Supreme Court stays ‘insensitive, inhuman’ remarks by Allahabad High Court on rape


The Supreme Court was assisted by Attorney General of India R. Venkataramani and Solicitor General Tushar Mehta, who urged the Bench to examine the suo motu case with great care. File
| Photo Credit: PTI

The Supreme Court on Wednesday (March 26, 2025) stayed an Allahabad High Court order of March 17, which concluded that “mere” grabbing the breasts of a minor victim, breaking the string of her pyjama to “bring down” her lower garment are not sufficient to constitute an offence of attempt to rape.

A day after the Supreme Court took suo motu cognisance of the order, a Bench headed by Justice B.R. Gavai said the observations made by a Single Judge Bench of Justice Ram Manohar Narayan Mishra of the High Court was “totally insensitive, inhuman” and “unknown to the tenets of law”.

Justice Gavai pointed out that certain paragraphs of the order, which graphically recounted the trauma endured by the minor victim at the hands of the two accused persons only to conclude their actions did not show any determination on the part of duo to rape her showed a “complete lack of sensitivity”.

Also Read | Supreme Court action sought against Allahabad High Court judge who sparked public outrage in ‘attempt to rape’ case

The Bench said what made it worse was the order was not dictated by the judge on the spur of the moment. The case was reserved for orders in November 2024. The order passed on March 17, almost four months later, was, even according to Justice Mishra, after “thoughtful consideration and meticulous examination of the facts of the case”.

The apex court was assisted by Attorney General of India R. Venkataramani and Solicitor General Tushar Mehta, who urged the Bench to examine the suo motu case with great care.

The court issued notice to the Union government and the State of Uttar Pradesh. The mother of the minor victim involved was given liberty to implead herself in the case. The court directed the Supreme Court Registry to convey its order to the Allahabad High Court Registry for placing it before the High Court Chief Justice for necessary action. The court listed the case after two weeks.

Also Read | Deeply shameful: Maliwal on Allahabad HC ruling in assault case

The March 17 order was based on a revision plea filed by the accused against a summons from the trial court on the charge of rape. Justice Gavai remarked about the incongruity and damage caused by making these remarks when the case was still at the nascent stage of issuance of summons to the accused.

The three paragraphs the apex court found particularly distasteful referred to how the two accused had grabbed the breasts of the victim, broke the string of her pyjama and tried to drag her beneath a culvert before they fled when passers-by spotted them.

EXPLAINED | The laws on rape and sexual crimes

Justice Mishra had said these facts did not support a summons order on the charges of Sections 376 (rape), 511 (attempt to commit offences punishable with life imprisonment) or rape read with Section 18 of the Protection of Children from Sexual Offences (POCSO) Act. Section 18 punishes an attempt to commit an offence under the POCSO law.

The Single Judge had modified the summons order after “thoughtful consideration and meticulous examination of the facts of the case” to note that “a prima facie charge attempt to rape is not made out against the accused”.

“Instead they are liable to be summoned for minor charge of Section 354(b) IPC i.e. assault or abuse a woman with intent to disrobing or compelling her to be naked and Section 9 of POCSO Act provides punishment for aggravated sexual assault on a child victim,” the March 17 order had read.



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Karnataka High Court faults government and Lokayukta in initiating disciplinary action against BBMP engineer

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The High Court of Karnataka has found fault in the actions of the State government as well as the Lokayukta in initiating disciplinary proceedings against an engineer for not acting against an illegal building situated in Hombegowda ward, while pointing out that the engineer could not take further action as a tribunal had ordered maintenance of status quo with respect to the illegal construction.

“An officer of the State is required to abide by the orders of courts and tribunals. If there is an order of such a court and tribunal restraining the officer from performing any particular action, the non-performance thereof cannot be said to be a dereliction of duty,” the court observed.

Justice Suraj Govidaraj passed the order while quashing the disciplinary proceedings against B.S. Sandeep, who was working as an assistant executive engineer in the Bruhat Bengaluru Mahanagara Palike during 2013.

The BBMP issued both preliminary and final notification with respect to an illegally constructed building in August 2013 but it could not go ahead with the demolition as the Karnataka Administrative Tribunal in November 2013 directed the BBMP to maintain status quo on the nature of the building.

Suo motu probe

Meanwhile, the Lokayukta had taken suo motu probe into construction of various properties, including the one involved in the present case, and found that the jurisdictional officers/engineers of the BBMP had failed to act against this illegal construction.

Based on the Lokayukta’s preliminary report, the government initiated departmental enquiry against the officer, including the petitioner, and entrusted the task of enquiry to the Lokayukta during 2016.

However, the court found that the tribunal’s order of status quo was in force when the Lokayukta gave the preliminary report, when the government initiated departmental enquiry in March 2016, and when the Lokayukta issued chargesheet to the petitioner in July 2016.

When the petitioner and the BBMP was restrained from acting owing to the tribunal’s order, disciplinary proceedings could not have been initiated against him, the court said.



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T.N. Startup Summit| ‘Spend time on cross skilling or upskilling people to bring in change’

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Ashwin Desikan, co-founder and CTO, Alsuya Technologiest; Dr, Tamizh Inian, founder and CEO, Frigate Engineering Services Private Limited and Phunith Kumar V, CPO and co-founder, Raptee HV, along with Kunal Shankar, Deputy Business Editor, The Hindu, during the session on Digital Transformation, Startup As Catalyst For Change, in Chennai on Thursday.
| Photo Credit: B. VELANKANNI RAJ

Artificial intelligence (AI) can be leveraged in industries, colleges or schools. Individuals can learn AI, apply it in their jobs and upskill themselves to find a next job , said Ashwin Desikan, co founder, CTO Atsuya Technologies, at the Tamil Nadu Startup Summit in Chennai on Thursday.

Speaking about how AI and digitalisation will bring in disruption, he said, “Look at how we waste resources today. We believe that labour is cheap. It is not. Rather, we could spend that time in cross skilling or upskilling them and that would bring in the change. Today the power of AI is such that you can have full conversations with it. “

He was speaking in a panel discussion on ‘Digital Transformation: Startup as a Catalyst for Change’ moderated by Kunal Shankar, Deputy Business Editor, The Hindu.

Talking about the challenges that they faced, Mr. Desikan drew the example of emergency management system of Greater Chennai Corporation and said, “In the initial stages, it used to be the cloud when we approached customer as we are a cloud-only platform. The whole perception that cloud is bad in many cases or not very secure sometimes puts fundamental blocks in company’s mind. So winning trust over the customer with what they are observing was key.”

Highlighting the need for a feedback loop, Tamizh Inian, founder, CEO, Frigate Engineering Services Pvt. Ltd. said: “I believe in taking MSMEs global. You have to become a global vendor so that their margins can raise. If they do operation efficiency using digital there would be a lot of benefit for them. Even if you implement any policy, we also need to be able to get feedback. There has to be a feedback loop from the MSMEs. There has to be a structured format of policy for every sector based on their revenue. That’s how all the players would benefit.”

Pointing to the range anxiety that people might feel when they own an electric vehicle, as one of the challenges in the sector, Phunith Kumar V., CPO, co-founder Raptee HV said: “The best way to solve it is by having a better charging infrastructure or better energy density technology than making a vehicle run longer on a single charge. Putting on bigger battery pads is not going to solve it. These are the things we need to work on.”



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Fever Cases Rising at Neredu Bandha in Anakapalli District

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Visakhapatnam: Residents of hilltop Neredu Bandha in Chimalapadu panchayat of Ravikamatham mandal in Anakapalli district have sought establishment of a special medical camp in their village to deal with the rising cases of fever among children.

At least 13 kids are suffering from fever in this difficult-to-access village belonging to Kondu tribals, one of the Particularly Vulnerable Tribal Groups (PVTGs) in the agency area. One of the children, Kilo Prabhas, had to be shifted to the Narsipatnam Area Hospital for treatment.

There is no ASHA worker or Anganwadi centre available in the area, leaving the children vulnerable to untreated illnesses. Apart from the medical camp, concerned villagers have sought anti-mosquito spraying in the village, as they feel the fever among children is due to malaria.

It is said officials declined to do so, citing that the village is not listed in revenue records. Such lack of preventive measures has raised fears among residents about the worsening health conditions.

Among the children reported ill during the past three days are Pangi Abhishek, Killo Sundar Rao, Dippala Shivaji, Killo Kamala Sedari, Ratnam Pangi Sai, Golluru Bhaskara Rao, Pangi Ankita, Sedari Rusa, Sedari Banji Babu, Dippala Vishnu, and Pangi Vasantha.

Local tribal leaders, including Tribal Association president Pangi Chandrayya and PVTG Association president Gemili Vasu, have urged the state government to take immediate action and set up a medical camp in the Neredu Bandha village.

They warned that they would otherwise stage a protest at the Primary Health Centre.



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