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26 Mar 2025

What Supreme Court Said While Staying Allahabad High Court's Controversial Ruling in Sexual Assault Case


The Supreme Court has stayed the Allahabad High Court's decision, which controversially stated that grabbing a minor girl's breast and breaking her pyjama's string does not constitute rape attempt.


A bench comprising Justices BR Gavai and AJ Masih heard the case on Wednesday, expressing concern over the insensitivity displayed in the High Court's ruling. The Supreme Court remarked, "Some comments made in the High Court's order show a completely insensitive and inhuman attitude." SC has issued notices to the Centre, the Uttar Pradesh government, and other parties, seeking their responses.


The Supreme Court's decision to hear the case followed widespread criticism from legal experts, politicians, and various professionals regarding the High Court's judgment. Notably, the Supreme Court had previously declined to hear a petition that sought the removal of the controversial aspects of the judgment.


During the proceedings, Justices Gavai and Masih emphasized the seriousness of the matter, stating, "We are very sad to say that the person who wrote the judgment was completely lacking in sensitivity."


In its ruling, the Allahabad High Court, led by Justice Ram Manohar Narayan Mishra, had stated that holding a girl's private parts, breaking the cord of her pyjama, and forcibly attempting to drag her under a culvert did not amount to rape or 'attempt to rape.' Additionally, the High Court altered the charges against two accused persons and accepted a criminal revision petition filed against three others.


Prakash Kumar Pandey


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