New Delhi, March 26, 2025 (Yes Punjab News)
The Supreme Court of India on Wednesday stayed the Allahabad High Court’s judgment, which ruled that grabbing breasts and breaking a pyjama string was not sufficient for an attempt to rape charge.
A Bench of Justices B.R. Gavai and A.G. Masih strongly criticized the Allahabad High Court’s observations, stating that they reflected a total lack of sensitivity and an inhumane approach. The Bench also noted that the ruling was delivered four months after reserving the order, indicating that it was not a spur-of-the-moment decision.
Supreme Court Issues Notices and Seeks Legal Assistance
The Supreme Court has issued notices to the Centre, the Uttar Pradesh government, and all parties involved in the Allahabad High Court case, including the accused. Additionally, the top court has requested Attorney General R. Venkataramani and Solicitor General Tushar Mehta to assist in the adjudication of the suo moto case.
The case, titled ‘In Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and ancillary issues’, was registered by the Supreme Court following a letter from senior advocate Shobha Gupta urging the Chief Justice of India (CJI) to take cognizance of the controversial observations made by the Allahabad High Court.
The next hearing is scheduled in two weeks, alongside a Special Leave Petition filed by the victim’s mother.
Allahabad High Court’s Controversial Ruling and Legal Modifications
The Allahabad High Court’s decision, delivered by Justice Ram Manohar Narayan Mishra, altered the charges against the two accused, Pawan and Akash. Initially, the trial court had summoned them under Section 376 IPC (rape) and Section 18 of the POCSO Act (punishment for attempt to commit an offence).
However, the Allahabad HC partially allowed the revision plea of the accused and ruled that they should be summoned under lesser charges—Section 354(b) IPC (assault or abuse of a woman with intent to disrobe) and Section 9/10 of the POCSO Act.
Under the POCSO Act:
Section 9 defines aggravated sexual assault on a child.
Section 10 prescribes imprisonment up to seven years, with a minimum of five years, along with a fine.
Incident Details and Court’s Justification
According to the prosecution, the two accused grabbed the victim’s breasts, broke the string of her pyjama, and attempted to drag her beneath a culvert. However, when passersby intervened, the accused fled the scene.
The Allahabad High Court justified its ruling by stating:
There was no allegation of an actual penetrative sexual assault.
An attempt to rape charge requires proof that the act had gone beyond the stage of preparation.
The difference between preparation and attempt to commit an offence lies in the degree of determination.
Supreme Court’s Prior Response to Public Interest Litigation
Interestingly, on Monday, a Supreme Court Bench of Justices Bela Trivedi and Prasanna B Varale had declined to entertain a Public Interest Litigation (PIL) challenging the March 17 ruling of the Allahabad High Court.
The latest intervention by the Supreme Court now puts the Allahabad High Court’s ruling under serious judicial scrutiny, with legal experts calling for greater sensitivity in handling sexual assault cases.
