SC stays Allahabad HC observations that grabbing breast not rape

Mangalore Today News Network

New Delhi, March 26, 2025: The Supreme Court on Wednesday stayed the recent observations made by the Allahabad High Court in a matter related to attempt to rape, for "showing total lack of sensitivity" and "inhuman approach".

The High Court had on March 17 stated that grabbing breasts, breaking pyjama string is not enough for charge of attempt to rape.

Taking suo motu cognisance of the matter, a bench of Justices B R Gavai and Augustine George Masih said, "We stay the observations as those are unknown to cannons of laws".

The court said it was a serious matter and there was a total insensitiveness on the part of the judge.

The observations were made in the matter, which was at the stage of issuing summons, the bench pointed out.

"We are sorry to use such harsh words against the judge," the bench said.

Solicitor General Tushar Mehta said some judgments contained reasons for staying them. He said the Chief Justice of the High Court should take some steps as the master of roaster.

The bench also noted the observations in the order were made four months after reserving the judgment, so those were not made at the spur of the moment but after due application of mind.

"We are usually hesitant to grant stay at this stage. But since observations were unknown to cannons of law and showed inhuman approach, we stay them," the bench said.

The court issued notice to the Uttar Pradesh government and other parties and sought assistance of Attorney General and Solicitor General in the matter.

The High Court’s judgment has caused massive outrage across the country.

The apex court has registered the suo motu case as In Re: Order Dated March 17, 2025 passed by the High Court of Judicature at Allahabad and Ancillary Issues.

In its order, the High Court had said, grabbing a girl’s breasts, breaking the string of her pyjama and trying to drag her beneath a culvert do not suffice to press charges of attempted rape, as they only constitute “preparation”, which is different from an actual attempt to commit the offence.

A single bench of Justice Ram Manohar Narayan Mishra made this observation while partially allowing the revision petition filed by two accused persons.

The petition challenged the lower court’s order summoning them to face trial under Section 376 of the IPC (attempt to rape) read with Section 18 of the Protection of Children from Sexual Offences (Pocso) Act.

“The mere fact that, according to the prosecution’s version, the two accused, Pawan and Akash, grabbed the victim’s breasts, and one of them broke the string of her pyjama and attempted to drag her beneath the culvert, but fled the scene upon the interference of passersby or witnesses, is not sufficient to establish a case under Section 376, 511 IPC or Section 376 IPC read with Section 18 of the Pocso Act,” the court observed.

To bring a charge of attempted rape, the prosecution must establish that the act had progressed beyond the stage of preparation. The difference between preparation and an actual attempt to commit an offence lies primarily in the greater degree of determination involved, it further said.

The prosecution contended that the accused grabbed the victim’s breasts, broke the string of her lower garment, and attempted to drag her beneath a culvert, but fled when witnesses intervened.