NEW DELHI: The Supreme Court on Wednesday stayed the recent observations made by the Allahabad High Court that grabbing breasts, breaking pyjama string were not enough for charge of attempt to rape, for "showing total lack of sensitivity" and "inhuman approach".
The observations were by the High Court had on March 17 in its order.
SC Stays Allahabad HC’s Controversial Observations on Attempt to Rape Case
After taking a 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 bench said it was a serious matter and there was a total insensitiveness on the part of the judge, as those observations were made in the matter which was at the stage of issuing summons.
Supreme Court Slams Insensitive Remarks in Sexual Assault Case
"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 triggered massive outrage across the country.
The Supreme 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 High Court observed.
It further said 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 said.
The prosecution claimed 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.
