Supreme Court Halts Allahabad HC Ruling on Attempt to Rape
A Matter of Insensitivity
On Wednesday, the Supreme Court stayed an Allahabad High Court order that stated grabbing a child’s breasts, breaking her pyjama strings, and attempting to drag her beneath a culvert did not constitute an attempt to rape or rape.
Supreme Court’s Suo Motu Cognisance
The matter was heard by a bench of Justices BR Gavai and Augustine George Masih, who had taken suo motu cognisance of the matter on Tuesday.
- The bench found the High Court’s observations “shocking” and lacking sensitivity.
- The High Court had delivered the ruling after reserving it for nearly four months.
Staying the High Court Order
The Supreme Court stayed the High Court order, stating that the observations were “totally unknown to the tenets of law and depict total insensitivity and inhuman approach”.
Allahabad High Court’s Controversial Observations
The observations under scrutiny were made by High Court Justice Ram Manohar Narayan Mishra on March 17 while altering charges against two men accused of attempting to rape an 11-year-old girl in 2021.
- The High Court had directed the men to be tried for assault with intent to disrobe under the Indian Penal Code and aggravated sexual assault under the POCSO Act.
- The judge noted that there was no allegation that the accused tried to commit penetrative sexual assault against the victim.
The Difference Between Preparation and Actual Attempt
Justice Mishra had stated that “in order to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation”.
The Supreme Court’s decision to stay the Allahabad High Court’s order highlights the importance of sensitivity and adherence to the tenets of law in delivering justice.
