NATIONAL: Supreme Court Stays Allahabad HC’s Controversial Order on Attempted Rape Case
Apex Court Criticizes High Court’s Insensitive Ruling
The Supreme Court of India has stayed a controversial ruling by the Allahabad High Court, which stated that “grabbing the breast and breaking the pyjama string” were not sufficient grounds to charge an accused with rape or attempted rape.
A bench comprising Justices B.R. Gavai and A.G. Masih strongly criticized the high court judge for demonstrating a “total insensitivity” in handling such a serious matter. The apex court expressed regret over using strong words against the judge but asserted that the observations made in the ruling could not be ignored.
Supreme Court’s Firm Stand
The Supreme Court remarked that it is generally reluctant to grant a stay at this stage of proceedings. However, considering that certain paragraphs in the high court’s order—specifically paragraphs 21, 24, and 26—were “totally unknown to canons of law” and displayed an “insensitive and inhuman approach,” it found it necessary to intervene immediately.
Solicitor General Tushar Mehta also took strong exception to the high court’s observations, emphasizing that the matter was of grave concern. Justice Gavai echoed this sentiment, stating that the ruling displayed a “total lack of sensitivity” and needed urgent review.
The apex court directed the Registrar General to immediately communicate its order to the Chief Justice of the Allahabad High Court, allowing appropriate action to be taken.
Allahabad High Court’s Controversial Ruling
The case in question involved two men, Pawan and Akash, who were accused of sexually assaulting a minor girl in Kasganj district while she was walking with her mother. According to reports, the accused grabbed the girl’s breasts, tore the string of her pajamas, and attempted to drag her under a culvert.
Initially, the accused were charged under Section 376 of the Indian Penal Code (IPC) (rape) and relevant sections of the Protection of Children from Sexual Offenses (POCSO) Act. However, the Allahabad High Court ruled that their actions did not constitute rape or an attempt to commit rape. Instead, the court categorized the offense as aggravated sexual assault under Section 354(B) of the IPC and Section 9(m) of the POCSO Act, which carry lesser punishments.
The high court reasoned that an attempt to commit rape must go beyond mere preparation and require a “greater degree of determination.” It further stated that the act of breaking the victim’s pyjama string did not necessarily mean she was undressed or subjected to penetrative assault, thus failing to meet the legal threshold for an attempted rape charge.
Victim’s Family Finds Relief in Supreme Court’s Intervention
The family of the minor girl has expressed relief following the Supreme Court’s decision to stay the Allahabad High Court’s order. Advocate Rachna Tyagi, who represented the victim’s family in the Supreme Court, confirmed the development and shared that the girl’s mother was deeply relieved.
Tyagi highlighted that the family had been struggling for justice since the incident occurred in November 2021. The survivor’s mother initially faced challenges in getting an FIR registered and had to approach the district court in January 2022 under Section 156(3) of the CrPC to file a complaint.
Despite the serious nature of the crime, neither the trial court nor the high court ordered an FIR for over three-and-a-half years. Tyagi stressed that attempted rape is a cognizable offense and should have led to immediate registration of an FIR. The Supreme Court’s intervention has now restored hope for the survivor’s family in their fight for justice.