New Delhi: The Supreme Court on Wednesday put a hold on the Allahabad High Court's controversial ruling that dismissed rape and attempted rape charges against two accused men, stating that "grabbing the breast and breaking the pyjama string" was not sufficient grounds for such charges. The apex court strongly criticized the high court judge for his insensitivity in dealing with the case, which involved the sexual assault of a minor.

SC Slams High Court’s Ruling

A bench consisting of Justices B.R. Gavai and A.G. Masih expressed deep disappointment over the high court’s judgment, calling it a reflection of a “totally insensitive and inhuman approach.” Despite regretting the need to use harsh words against the judge, the Supreme Court emphasized the gravity of the situation and affirmed that the decision to stay the ruling was well-considered.

“In normal circumstances, we are hesitant to grant a stay at this stage. However, considering the observations in paragraphs 21, 24, and 26 of the high court’s judgment, which are completely inconsistent with legal principles and demonstrate a total lack of sensitivity, we find it necessary to intervene,” the bench stated.

Solicitor General Tushar Mehta also expressed strong disapproval of the high court’s ruling, describing it as “a matter of serious concern.” Justice Gavai concurred, highlighting the judgment's insensitivity and emphasizing that such observations could not be ignored.

Supreme Court's Official Order

The Supreme Court, in its official order, stated:

“The impugned judgment of the Allahabad High Court, particularly the observations made in paragraphs 21, 24, and 26, are inconsistent with legal principles and depict a lack of sensitivity. These observations must be stayed with immediate effect. The Registrar General is directed to forthwith communicate this order and place it before the Hon’ble Chief Justice of the Allahabad High Court for appropriate action.”

The court also emphasized that the remarks made by the high court could not be allowed to set a precedent and must be reviewed promptly.

Allahabad HC’s Controversial Order

The case involves two men, Pawan and Akash, who allegedly assaulted a minor girl while she was walking with her mother. According to the complaint, they grabbed her breast, tore her pyjama string, and attempted to drag her under a culvert. Initially, they were charged under Section 376 of the Indian Penal Code (IPC) for rape, along with relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.

However, the Allahabad High Court ruled that these actions did not amount to rape or an attempt to rape but rather constituted aggravated sexual assault under Section 354(B) of the IPC and Section 9(m) of the POCSO Act. The court argued that an attempt to commit rape required more than just preparation and should involve a stronger degree of determination.

Specifically, the court noted that while Akash attempted to drag the victim under the culvert and broke her pyjama string, there was no explicit allegation that she was undressed or that the accused tried to commit penetrative sexual assault. Based on this reasoning, the court concluded that the evidence did not support an attempt to commit rape.

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SC Orders Immediate Action

The Supreme Court directed the Registrar General to immediately communicate its order to the Chief Justice of the Allahabad High Court for further action. The apex court suggested that the matter be reviewed appropriately, considering the insensitivity of the high court’s decision.

Victim’s Family Expresses Relief

Following the Supreme Court’s intervention, the minor girl's family expressed relief. Advocate Rachna Tyagi, who represented the family in the case, stated that the survivor’s mother felt reassured by the SC’s ruling.

“The survivor’s mother is extremely relieved because ever since the incident in November 2021, she had struggled to get an FIR registered. She had to approach the district court in January 2022 under Section 156(3) to seek justice,” Tyagi told PTI.

She further pointed out that despite over three and a half years passing since the incident, neither the trial court nor the high court ordered the registration of an FIR, even though attempted rape is a cognizable offense requiring an immediate complaint.

With the Supreme Court's intervention, the case is now expected to receive further judicial scrutiny, ensuring that justice is served for the minor survivor and her family.