In a significant legal intervention, the Supreme Court of India has stayed a controversial ruling by the Allahabad High Court, which had observed that “grabbing a minor’s breasts” and “breaking the string of a pyjama” did not amount to an attempt to rape.
A bench comprising Justices B.R. Gavai and A.G. Masih, while expressing strong disapproval, described the lower court’s interpretation as “insensitive” and “inhuman” stayed the Allahabad High Court’s order.
The case in question revolves around the alleged sexual assault of a minor girl. Two accused were charged under the Protection of Children from Sexual Offences (POCSO) Act and relevant sections of the Indian Penal Code (IPC).
The Allahabad High Court, in its ruling, downgraded the offense from attempted rape to aggravated sexual assault under the POCSO Act, a lesser charge. The court’s rationale was that the actions of the accused did not meet the threshold of an attempt to rape.
The ruling sparked nationwide outrage among legal experts, activists, and the general public, who criticized the judgment as being regressive and dismissive of the trauma suffered by survivors of sexual assault. The Supreme Court’s intervention thus carries immense significance in setting a precedent for the interpretation of sexual offenses in Indian law.
Cause Title: In Re: Order dates 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues
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