Supreme Court Stays Allahabad High Court's "Grabbing Breasts Not Rape Attempt" Verdict

Supreme Court Stays Allahabad High Court’s ‘Grabbing Breasts Not Attempt to Rape’ Verdict

New Delhi:The Supreme Court of India has stayed a controversial ruling by the Allahabad High Court which stated that grabbing a child’s breasts and pulling her pyjama string does not constitute an attempt to rape. The apex court sharply criticized the judgment, describing it as showing a “total lack of sensitivity” and an “inhuman approach.”

Background of the Case
 
In November 2021, an incident occurred in Kasganj, Uttar Pradesh, where an 11-year-old girl was allegedly assaulted by two men, identified as Pawan and Akash. The accused offered the girl a ride home but later grabbed her breasts, broke the string of her pyjama, and attempted to drag her under a culvert. The victim’s cries for help prompted bystanders to intervene, forcing the accused to flee the scene. A case was subsequently registered against the perpetrators under relevant provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.

Allahabad High Court’s Ruling
  
On March 17, 2025, Justice Ram Manohar Narayan Mishra of the Allahabad High Court ruled that the actions of the accused did not amount to an attempt to rape. According to the judgment, to establish an "attempt to rape," the prosecution would have to prove that the accused had moved beyond mere preparation. As a result, the charges were downgraded to offenses under Section 354-B of the Indian Penal Code (assault or use of criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault). This decision triggered widespread outrage among legal experts, activists, and child protection organizations.

Supreme Court’s Intervention
  
Taking suo motu cognizance of the case after widespread public and expert criticism, a bench comprising Justices B.R. Gavai and Augustine George Masih of the Supreme Court reviewed the Allahabad High Court’s order. Justice Gavai remarked, “It is a serious matter. The judgment shows a total lack of sensitivity on the part of the judge.” The apex court stayed specific observations made in paragraphs 21, 24, and 26 of the High Court’s ruling, deeming them “alien to the principles of law.” Notices were issued to both the Central and Uttar Pradesh governments, seeking their response on the matter.

Reactions and Legal Implications

The Supreme Court’s decision has been met with strong backlash from women’s rights groups, child protection activists, and legal experts. The organization “We the Women of India” had even approached the Supreme Court, challenging the High Court’s interpretation and advocating for stronger protections under the POCSO Act. Legal analysts have warned that the High Court’s ruling could set a dangerous precedent, potentially undermining the legal safeguards meant to protect minors from sexual abuse. The intervention by the Supreme Court underscores the judiciary’s commitment to ensuring that interpretations of the law do not diminish the protection afforded to vulnerable individuals.

Conclusion 
 
The stay on the Allahabad High Court’s ruling by the Supreme Court reinforces the necessity for sensitivity and adherence to legal principles when adjudicating cases of sexual assault involving minors. This intervention highlights the critical role of judicial oversight in upholding child protection laws and ensuring justice for victims of sexual abuse.