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SC stays Allahabad HC’s ‘grabbing of breast, pulling string not rape’ ruling

On Tuesday, the Supreme Court took suo motu notice of a recent Allahabad High Court order stating that certain acts, including grabbing a child's breasts and breaking the string of her pyjama, do not constitute the offence of attempt to rape or rape.
The Allahabad High Court's observations were made by Justice Ram Manohar Narayan Mishra on March 17 while altering charges against two men, Pawan and Akash, accused of attempting to rape an 11-year-old girl in 2021 in Uttar Pradesh's Kasganj district.
Initially charged under the Indian Penal Code for rape and the POCSO Act for attempted rape, the men challenged the summons, arguing that the complaint did not constitute an offence of attempt to rape, leading the High Court to direct them to be tried for assault with intent to disrobe and aggravated sexual assault, which carry lesser punishments.
Justice Mishra stated, regarding the alleged attempted rape, that "There is no allegation that the accused attempted penetrative sexual assault" and witnesses did not state that the victim was left undressed or naked due to the accused's actions, emphasizing that to bring a charge of attempt to rape, the act must go beyond preparation.
Following public outrage and criticism, including comments from Women and Child Welfare Minister Annapurna Devi who stated that "the high court ruling has no place in a civilised society", a Supreme Court bench of Justices BR Gavai and Augustine George Masih reviewed the order, describing it as "shocking", while another bench dismissed a public interest litigation petition against the High Court order a day later.

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