Allahabad High Court Rape Verdict: The Supreme Court of India has put a stay on the Allahabad High Court’s shocking verdict, which stated that grabbing the breast of a minor girl and breaking the cord of her pyjamas does not constitute rape or an attempt to rape. The apex court criticized the judgment as insensitive and inhuman, calling for immediate reconsideration.
A bench comprising Justices BR Gavai and AG Masih issued a notice to the Central Government, the Uttar Pradesh Government, and other concerned parties, seeking their response on the matter.
Key Highlights:
- Supreme Court stays Allahabad High Court’s controversial ruling.
- Bench calls the verdict “insensitive” and “inhuman.”
- Center, UP Government, and concerned parties issued notice.
- Solicitor General supports SC’s intervention.
Supreme Court’s Sharp Criticism
During Wednesday’s hearing, the Supreme Court bench expressed deep disappointment over the Allahabad High Court’s verdict. Justice BR Gavai and Justice AG Masih remarked:
“This is a very serious matter, and the judge who delivered the verdict exhibited an alarming lack of sensitivity. We are saddened to see such an inhuman approach in judicial reasoning.”
Solicitor General Tushar Mehta, representing the Central Government, supported the Supreme Court’s decision, stating that some rulings must be stayed when they lack judicial prudence and sensitivity.
SC Takes Suo Motu Cognizance
A day prior to the hearing, the Supreme Court had already decided to take up the case on its own, following widespread outrage from legal experts, politicians, and civil rights activists. The apex court had earlier refused to hear a petition seeking the removal of controversial remarks from the High Court’s judgment, but it has now chosen to intervene directly.
What Did the Allahabad High Court Rule?
In its ruling, the Allahabad High Court stated that:
“Grabbing a girl’s private parts, breaking the cord of her pyjama, and attempting to forcibly drag her under a culvert does not constitute rape or an attempt to rape.”
On March 17, 2024, Justice Ram Manohar Narayan Mishra of the Allahabad High Court delivered this judgment, modifying the charges against two accused individuals while accepting a criminal revision petition against three others.
Background of the Case: A Mother’s Fight for Justice
The case dates back to 2021 when a woman from Kasganj, Uttar Pradesh, filed a complaint regarding the sexual assault of her 14-year-old daughter. The mother alleged that on November 10, 2021, while returning home from a relative’s house, her daughter was offered a lift by three men – Pawan, Akash, and Ashok – on a bike.
- Pawan and Akash allegedly grabbed the minor girl’s private parts during the journey.
- Akash attempted to break the string of her pyjama while trying to forcefully drag her under a culvert.
- The girl’s cries for help attracted two bystanders, Satish and Bhure, who rushed to the scene.
- The accused threatened the witnesses with a country-made pistol and fled the scene.
Police Inaction and Legal Battle
Initially, when the victim’s mother approached the police, no action was taken against the accused. Even after visiting Pawan’s house to complain, she was threatened by Pawan’s father, Ashok. With the police failing to register a complaint, she approached the court directly.
On March 21, 2022, the court took cognizance of her application, and an FIR was registered under the following sections:
- Pawan and Akash: Booked under IPC Sections 376 (rape), 354 (outraging a woman’s modesty), and 354B (assault with intent to disrobe), along with Section 18 of the POCSO Act.
- Ashok: Booked under IPC Sections 504 (intentional insult) and 506 (criminal intimidation).
However, the accused filed a criminal revision petition, arguing that the charges were too severe. Justice Mishra’s ruling, which accepted the revision plea and downgraded the charges, sparked widespread backlash.
Similar Case: Supreme Court Overturned Bombay HC’s ‘Skin-to-Skin’ Verdict
This is not the first time the Supreme Court has had to step in against an insensitive lower court judgment in sexual assault cases. In November 2021, the apex court overturned a controversial ruling by the Bombay High Court’s Nagpur Bench, which had acquitted a man accused of sexual assault, arguing that groping a minor without “skin-to-skin” contact did not qualify as an offense under the POCSO Act.
The Supreme Court had then ruled:
“The intent behind the act is what matters. Any act involving physical contact with sexual intent constitutes sexual assault under POCSO.”
Legal and Social Reactions to the Allahabad HC’s Verdict
Legal Experts:
- Many legal professionals and activists have condemned the Allahabad HC ruling, stating it weakens the legal protections under POCSO.
- Former Supreme Court judges have called for more gender-sensitive training for judges handling sexual assault cases.
Political Responses:
- Opposition parties have slammed the ruling as a step backward in protecting women and minors.
- Women’s rights organizations have demanded strict action against judges delivering such judgments.
What’s Next?
With the Supreme Court’s stay order in place, the next steps will be:
- Review of the Allahabad HC verdict – The Supreme Court will examine the legal reasoning and implications of the judgment.
- Response from the Government – The Center and Uttar Pradesh Government must provide their stance on the issue.
- Possible Law Reforms – This case might lead to discussions on strengthening legal provisions against sexual assault and ensuring judicial sensitivity.
ByNews-Views
The Supreme Court’s intervention has reaffirmed its commitment to upholding justice and protecting the rights of minor victims. As the legal battle continues, the focus now shifts to ensuring a fair and sensitive judicial approach toward cases of sexual violence.
The Allahabad High Court’s ruling has raised critical questions about judicial sensitivity in cases of sexual assault, and the Supreme Court’s decision will set a precedent for similar cases in the future.
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