The Supreme Court of India has stayed a controversial ruling by the Allahabad High Court, which had observed that actions such as grabbing a girl’s breasts and tearing her pyjama strings were not sufficient to charge the accused with rape or attempt to rape. The apex court noted a complete lack of sensitivity in the high court’s judgment and took suo motu cognizance of the issue.
Supreme Court Remarks on the High Court’s Observations
A bench of Justices B R Gavai and A G Masih remarked that they were deeply troubled by the content of the Allahabad High Court’s decision delivered on March 17, 2025. The ruling, they observed, reflected “a total lack of sensitivity” and showed an “inhuman approach.”
The top court added that since the observations were made after four months of judicial deliberation and were not made in haste, the language and reasoning used demanded immediate scrutiny and intervention. The Supreme Court stayed the Allahabad High Court’s order and issued notices to the Central Government, the State of Uttar Pradesh, and the concerned parties. The Solicitor General has been asked to assist in the matter.
Background of the Case
The incident stems from a November 10, 2021 complaint in Kasganj, Uttar Pradesh, where a woman alleged that her minor daughter was sexually assaulted. According to the mother’s account:
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Two village youths offered to drop her daughter home on a motorcycle.
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On the way, one youth allegedly grabbed the girl’s breasts, while the other tore the strings of her pyjamas and dragged her under a culvert.
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The assault was interrupted by two passersby, causing the accused to flee.
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The accused allegedly threatened the witnesses at gunpoint.
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The girl’s mother approached the police the next day, but no FIR was filed.
The case was later taken up by a Pocso Court, which summoned the accused under IPC Section 376 (rape) and Section 18 of the Pocso Act (attempt to commit rape). The father of one of the accused was also charged under Sections 504 and 506 IPC for threatening the victim’s mother.
Allahabad High Court’s Ruling and Its Repercussions
The accused challenged the Pocso Court’s summons in the Allahabad High Court, arguing that the case was a fabrication due to rivalry between the families. The court accepted this line of argument partially and modified the charges.
Key observations made by the Allahabad HC:
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The judge ruled that grabbing breasts and tearing pyjama strings did not constitute an attempt to rape.
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He downgraded the charges to Section 354B IPC (intent to disrobe) and Sections 9/10 of the Pocso Act (aggravated sexual assault).
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The HC directed the Kasganj trial court to issue fresh summons under these revised charges.
The Supreme Court, however, found this interpretation legally and morally unsound.
Supreme Court’s Intervention
Highlighting the insensitivity and the disregard for the gravity of the allegations, the Supreme Court stayed the order and registered a suo motu case. The court emphasized that the statements made by the high court were not just factually disputable but also detrimental to the pursuit of justice in sexual assault cases involving minors.
The matter has now taken on national importance due to the implications it has for the judicial handling of similar cases.
Key Legal Sections Involved
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IPC Section 376 – Punishment for Rape
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IPC Section 511 – Attempt to Commit an Offence
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Pocso Act Section 18 – Punishment for Attempt to Commit Offence under the Act
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IPC Section 354B – Assault with Intent to Disrobe
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Pocso Sections 9/10 – Aggravated Sexual Assault and Punishment Thereof
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IPC Sections 504 & 506 – Intentional Insult and Criminal Intimidation
What’s Next?
With the Supreme Court’s intervention, the original high court order has been put on hold. A comprehensive review of the case will now take place, considering both the legal and humanitarian aspects of the incident. The apex court’s proactive response has also set a precedent for stricter scrutiny in cases involving sexual violence, especially those concerning minor victims.
FAQs
What was the Supreme Court’s main concern?
The court expressed concern over the lack of judicial sensitivity and the legal reasoning in the Allahabad High Court’s judgment, calling it “inhuman” and “totally unknown to the tenets of law.”
What action has the Supreme Court taken?
The Supreme Court has stayed the Allahabad High Court’s order and issued notices to the Centre, the UP government, and other involved parties.
What charges did the Pocso Court originally frame?
The Pocso Court had framed charges under IPC Section 376 (rape) and Section 18 of the Pocso Act (attempt to commit the offence).
Why did the Allahabad HC alter the charges?
The HC judge believed the alleged acts (grabbing breasts and tearing pyjamas) were not enough to constitute rape or an attempt to rape and downgraded the charges accordingly.
What does this mean for future sexual assault cases?
This case highlights the need for sensitive judicial handling of sexual assault cases and reaffirms that courts must prioritize victim protection and justice over procedural technicalities or assumptions.
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