Supreme Court Slams Allahabad High Court’s Remark in Attempt-to-Rape Case, Issues Strict Warning

The Supreme Court on Monday sharply criticised the Allahabad High Court for its controversial observation in a 2021 attempt-to-rape case, calling the remarks “highly insensitive” and capable of having a “chilling effect” on survivors of sexual violence. A Bench headed by Chief Justice Surya Kant said such judicial comments can pressure victims into withdrawing complaints or giving compromised statements.

The High Court had ruled in March that “touching a girl’s private parts, breaking the drawstring of her pyjamas, and attempting to drag her under a culvert” did not amount to an attempt to rape. Justice Ram Manohar Narayan Mishra had diluted the charges, removing IPC Section 376 (rape attempt) and relevant POCSO provisions, and directed that the accused be tried only under lighter sections such as IPC 354B and POCSO 9/10.

The judgment triggered widespread outrage across the country. Legal experts, women’s rights organisations and political leaders condemned the order, calling it a setback to the cause of justice for minors. On March 25, the Supreme Court immediately stayed the High Court’s decision, noting that the comments were “extremely insensitive and inhuman.” Notices were issued to the Centre, the Uttar Pradesh government, and other parties seeking their response.

The Case Background
The incident took place on November 10, 2021, in Kasganj district, involving a 14-year-old girl. While returning home with her mother, the minor was intercepted by three men — Pawan, Akash, and Ashok. Pawan convinced the girl to ride with him on a motorcycle. On the way, Pawan and Akash allegedly touched her private parts, broke the drawstring of her pyjamas, and tried to drag her under a culvert. The girl screamed, alerting two villagers who rushed to help. The accused reportedly threatened them with a country-made pistol before fleeing.

A case was registered with charges including IPC sections 376, 354, 354B, and POCSO Act Section 18. The High Court’s order offered significant relief to the accused by removing the most serious charges.

Supreme Court’s Stern Message
During the hearing, Chief Justice Surya Kant emphasised that courts must strictly avoid insensitive remarks while dealing with sexual-offence cases. He hinted that the Supreme Court may soon issue nationwide guidelines for all High Courts to ensure dignity and sensitivity in judicial observations, especially in cases involving women and minors.

The Supreme Court stressed that the justice system must inspire confidence among victims, not discourage them from seeking legal redress.