Priyanka Chaturvedi writes to CJI, seeks disqualification of Allahabad HC judge for "misguided verdict" in molestation case

Priyanka Chaturvedi. File Photo

Shiv Sena (UBT) MP Priyanka Chaturvedi has written to Chief Justice of India Sanjiv Khanna seeking disqualification of Justice Ram Manohar Narayan Mishra of Allahabad High Court for delivering a "misguided verdict" in a case of molestation of a minor girl and said the case should be moved to the Supreme Court.

In her letter to the Chief Justice, Priyanka Chaturvedi said it was a "flawed judgement by a depraved judge".

"It is alarming that when 51 crimes against women happen every hour in the country, this is the level of commitment to women's safety demonstrated by our judicial system," she said.

"I request that Justice Ram Manohar Narayan be disqualified for delivering such a misguided verdict. Further, the case should be moved to the Supreme Court to ensure justice for the girl and her family. Finally, periodic sensitisation training must be conducted for judges at all levels to prevent such insensitive judgements in the future. I urge you to take the necessary action for the same," she added.

The letter cited paragraphs from the judgement. "In the present case, the allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down lower garment of the victim and for that purpose they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident. This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim," Justice Ram Manohar Narayan Mishra said in his judgement.

Paragraph 24 of the judgement said that the allegations "levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape in the case. In order to bring out a charge of attempt to rape the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination".

Chaturvedi said the quoted sections of the judgement clearly highlight that despite physical assault and an attempt to bring down the minor girl's lower garment, the judge has not considered it as an attempt to rape.

"Moreover, it is questionable what a 'preparation stage' to rape constitutes and why it is not viewed as an attempt to rape," she said.

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