Insensitivity : Supreme Court Stays Allahabad HC Ruling That Grabbing Breasts & Breaking Pyjama Strings Of Minor Girl Wasn’t Attempt To Rape 2025

The Supreme Court on Wednesday put a stay on the controversial order issued by the Allahabad High Court. The High Court had ruled that forcibly grabbing the breasts of a minor girl, breaking the string of her pyjama, and attempting to drag her beneath a culvert would not constitute an attempt to rape. Instead, it observed that such acts would primarily fall under the category of ‘aggravated sexual assault’ under the POCSO Act, which carries a comparatively lesser punishment.

This decision by the Supreme Court comes amid growing concerns over the interpretation of sexual assault laws, reinforcing the need for stricter judicial scrutiny in cases involving crimes against minors.

The Supreme Court bench comprising Justice B.R. Gavai and Justice A.G. Masih strongly criticized a High Court order that had triggered widespread public outrage. The apex court, while hearing a suo motu case against the ruling, expressed its firm disagreement, calling the decision “shocking.”

The bench noted that the High Court’s judgment lacked a sound legal basis and set a concerning precedent. Highlighting the gravity of the matter, the Supreme Court emphasized the need for judicial responsibility and accountability in delivering verdicts that align with constitutional principles and public interest.

This intervention by the Supreme Court underscores its commitment to upholding justice and ensuring that legal interpretations do not stray from established norms. The case continues to be closely watched as further deliberations unfold.

The bench expressed serious concern over the lack of sensitivity in the impugned judgment, specifically highlighting paragraphs 21, 24, and 26. In its order, the bench noted that these observations reflect a troubling insensitivity on the part of the author of the judgment.

The bench emphasized that the judgment was not delivered impulsively but after being reserved for nearly four months. This indicates that the Judge issued the verdict with thorough deliberation and careful consideration. However, the bench noted that certain observations were “completely contrary to legal principles and reflected a lack of sensitivity and humanity.” As a result, it was compelled to stay those remarks.

The Supreme Court has issued a notice to the Union of India, the State of Uttar Pradesh, and other parties involved in the High Court proceedings regarding a serious case under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The apex court took cognizance of the matter based on a letter submitted by Senior Advocate Shobha Gupta on behalf of the NGO We the Women of India. The case involves two accused individuals, Pawan and Akash, who allegedly assaulted an 11-year-old girl. According to the prosecution, the accused grabbed the minor’s breasts, and one of them, Akash, tore the string of her pyjama and attempted to drag her beneath a culvert.

Considering the severity of the allegations, the trial court had invoked Section 376 along with Section 18 (attempt to commit an offence) of the POCSO Act and issued a summoning order under these provisions.

During the Supreme Court hearing, Solicitor General of India Tushar Mehta appeared and strongly criticized the High Court’s judgment, calling it “shocking.” The matter is now under the scrutiny of the apex court.

Total insensitivity: Supreme Court stays controversial Allahabad HC’s grabbing breasts not rape attempt’ order

the High Court directed that the accused in a sexual assault case be tried under the lesser charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe), along with Sections 9/10 of the POCSO Act (aggravated sexual assault). The ruling has triggered widespread criticism, with many questioning the court’s decision to dilute the charges.

The court’s judgment was based on a legal distinction between preparation and attempt. The bench, led by Justice Ram Manohar Narayan Mishra, observed that the allegations against the accused, Pawan and Akash, did not meet the threshold for an attempt to rape charge.

“For a charge of attempt to rape, the prosecution must establish that the act had progressed beyond mere preparation. The key difference between preparation and an actual attempt lies in the greater degree of determination,” the court noted while partly allowing the criminal revision plea filed by the three accused.

The decision has sparked intense debate, with legal experts and the public voicing concerns over the implications of such a distinction in cases of sexual assault.

New Delhi: The Supreme Court on Wednesday put a stay on the Allahabad High Court’s controversial order, which stated that acts such as “grabbing the breast and breaking the pyjama string” were insufficient to charge an accused with rape or attempted rape. The decision came after widespread criticism, with many arguing that the ruling undermined the gravity of sexual assault cases. The Supreme Court’s intervention ensures a thorough legal review of the matter, reaffirming the importance of upholding justice in cases of sexual violence.

The Supreme Court has put a stay on the Allahabad High Court’s ruling, which deemed the act of ‘grabbing the breast and breaking the pyjama string’ as insufficient to constitute rape or an attempt to rape. The apex court criticized the High Court’s handling of the case, calling it insensitive. The case revolves around two men who assaulted a minor girl. The Supreme Court’s intervention highlights the need for a more sensitive and legally sound approach to cases of sexual violence.

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