38.6c New Delhi, India, Friday, August 08, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Supreme Court Slams Allahabad HC Judge for ‘She Invited Trouble’ Remark in Rape Case

By Jhanak Sharma      15 April, 2025 04:11 PM      0 Comments
Supreme Court Slams Allahabad HC Judge for She Invited Trouble Remark in Rape Case

NEW DELHI: The Supreme Court on Tuesday took an exception to a remark made by another judge of the Allahabad High Court while granting bail to an accused in a rape case, saying judges should not make inappropriate observations in cases involving sexual violence against women.

While hearing a suo motu case on the order passed by the Allahabad High Court on March 17, a bench of Justices B R Gavai and Augustine George Masih objected to the remarks by another judge of the same High Court, who, while granting bail to a rape accused, had remarked that the survivor “herself invited trouble and was responsible for the same”.

"What is happening in this High Court? Now this is another judge from the same High Court saying such things… Yes, bail can be granted. But what is this discussion that 'she herself invited trouble etc'. One has to be careful when saying such things, especially on this side," the bench said.

Earlier, in observations that triggered a big outrage across the country, the Allahabad High Court had held that acts of grabbing a child victim's breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert do not constitute the offence of rape or attempt to rape.

On April 15, during the hearing in the matter, the bench said that while granting bail is the discretion of the judge depending on the facts of each case, such unwarranted observations against the complainant should be avoided.

Solicitor General Tushar Mehta said complete justice should not only be done but also seen to be done. “How a common person perceives such orders will also have to be seen," he said.

The bench referred to comment made by a single judge of the high court in March this year, while granting bail to an accused who was arrested in December 2024 for alleged rape of a woman, he had met at a bar in Hauz Khas, Delhi.

The court decided to hear the matter after four weeks to look into all the aspects.

On March 26, the court had put on hold the controversial order of the Allahabad High Court in the matter. The apex court had then pulled up the judge for authoring a "completely insensitive" verdict.

"We are pains to state that it shows a total lack of sensitivity on the part of the author of the judgment. It was not even at the spur of the moment and was delivered four months after reserving the same,” the bench said.

The court noted there was application of mind.

"We are usually hesitant to grant stay at this stage. But observations in para 21,24 and 26 is unknown to the cannons of law and show an inhuman approach. We stay the observations in said para,” the bench said.

The court had 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.

The suo motu case was initiated after the judgment was brought to the notice of court by an organisation 'We the Women of India'.

'Just Rights for Children Alliance', a coalition of five NGOs, through its authorised representative, Ravi Kant along with the informant- complainant also filed a special leave petition challenging the validity of the High Court's order, which modified the summoning orders issued against two accused Akash and Pawan in the FIR lodged with Patiyali police station in Kasganj district.Ends////



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

in-house-procedure-had-legal-sanctity-sc-dismisses-justice-varmas-plea-against-recommendation-for-removal
Trending Judiciary
'In-house procedure had legal sanctity,' SC dismisses Justice Varma's plea against recommendation for removal

SC upholds in-house probe into Justice Varma, dismisses his plea against removal; says process is legally valid and judge’s conduct lacked credibility.

07 August, 2025 12:05 PM
sole-testimony-of-victim-even-without-medical-evidence-sufficient-to-uphold-rape-conviction-sc
Trending Judiciary
Sole testimony of victim even without medical evidence sufficient to uphold rape conviction: SC [Read Judgment]

SC: Victim’s sole testimony, even without medical evidence, sufficient to uphold rape conviction if found credible and consistent.

07 August, 2025 03:11 PM

TOP STORIES

bengaluru-court-convicts-ex-mp-prajwal-revanna-in-rape-case
Trending Judiciary
Bengaluru court convicts ex MP Prajwal Revanna in rape case

Bengaluru court convicts ex-MP Prajwal Revanna in rape case linked to explicit videos; one of four sexual abuse cases filed against him.

04 August, 2025 11:07 AM
sc-sets-aside-order-declaring-man-as-juvenile-on-basis-of-school-certificate
Trending Judiciary
SC sets aside order declaring man as juvenile on basis of school certificate [Read Judgment]

SC: School certificate from private school not valid proof of age, sets aside order declaring murder accused as juvenile.

04 August, 2025 11:24 AM
hp-may-vanish-in-thin-air-god-forbid-sc-on-ecological-imbalance-in-himachal-pradesh
Trending Judiciary
‘HP may vanish in thin air, God forbid', SC on ecological imbalance in Himachal Pradesh [Read Order]

SC warns HP may vanish due to ecological imbalance; seeks state’s action plan amid rising disasters, deforestation, and climate change threats.

04 August, 2025 11:31 AM
sc-grants-4-weeks-time-to-centre-to-frame-guidelines
Trending Judiciary
SC grants 4 weeks time to Centre to frame guidelines to ensure pedestrians right to use footpath

SC gives Centre 4 weeks to frame guidelines ensuring pedestrians’ right to obstruction-free, accessible footpaths under Article 21.

04 August, 2025 11:41 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email