Society’s Understanding during the interpreatation of Law’s
”Interpretation” a wide and broad term which is different from person to person whether in the context of person to person or professional to professional, why I have mentioned this context here is quite attracted as everyone’s have different capacity to interpret section’s of Law, offence’s or just interpret on the moral’s.
As a aspiring lawyer, my sense of interpretation are wide different from the sense of senior counsel or the Hon’ble Justice of the High Court’s and Supreme Court , this interpretation of law was getting so much popular from the last week after the Judgement of Allahabad High Court (Single Bench) interpret that the grabbing of breast and tore of pyjama not amounting to attempt to rape but treated as aggravated sexual violence.
But in the facts of the case that victim was minor and the charges framed against the accused under the POCSO act, but the interpretation of single bench was given that the act was in preparation and not a attempt happened , In the view of Hon’ble Court was quite wide to interpret facts of the case and cite not amounting to rape as sec-63 of Bhartiya Nyaya Sanhita states essentials for amounting to rape which consist of insert, manipulates, penetrates and applies against her will or without her consent, this section-63 states essential that should fulfill to make offence come under amounting to rape.
Above the interpretation was given by the Single Bench of the Hon’ble High Court of Allahabad which make outrage between the society regarding their interpretation as society have their own understanding of interpretation as they run on the morals not the circumstances of the case’s , lot of criticism faced by the Hon’ble High Court of Allahabad.
But Hon’ble Supreme Court has taken suo-moto cognizance day after of the judgement in this matter and slams stay on the Judgement of Hon’ble High Court of Allahabad by stating that total insensitivity remark made by Hon’ble Bench of Allahabd High Court.
Hon’ble Supreme Court remark was considered as remarkable interpretation in the heinous offences, above the discussion shown interpretation of term wide and broad enough and vary from person to person, also there was some kind of morality and justice can be considered but we can also say that justice cannot reliable on society remark , Judiciary are wide enough to deliever a fair justice.
DISCLAIMER- All the above further comments are based on my personal knowledge and capacity to understand.
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