Supreme Court to Hear Suo Moto Case on Allahabad HC’s Attempt to Rape Ruling on April 15
The Supreme Court of India is set to hear a suo moto case on Tuesday, April 15, challenging the controversial judgment by the Allahabad High Court, which ruled that grabbing a woman's breasts and breaking her pyjama string was not sufficient to frame attempt to rape charges.
New Delhi: The Supreme Court of India is set to hear a suo moto case on Tuesday, April 15, challenging the controversial judgment by the Allahabad High Court, which ruled that grabbing a woman’s breasts and breaking her pyjama string was not sufficient to frame attempt to rape charges.
According to the official cause list published on the Supreme Court’s website, the bench comprising Justice B.R. Gavai and Justice A.G. Masih will resume the proceedings, which also include a plea filed by the victim’s mother.
SC Slams ‘Insensitive’ Observations in Allahabad HC Judgment
In a strongly-worded interim order passed on March 26, the apex court stayed the impugned observations made in paragraphs 21, 24, and 26 of the Allahabad HC judgment. The SC bench said:
“Some of the observations made in the impugned order depict a total lack of sensitivity and an inhumane approach on the part of the author of the judgment.”
The court noted that the judgment was delivered four months after being reserved, suggesting the remarks were not made in haste but were deliberate.
Case Background: Allahabad HC Modified Rape Charges
The matter pertains to an incident in which two accused — Pawan and Akash — allegedly grabbed a minor girl’s breasts, broke her pyjama string, and attempted to drag her under a culvert. However, they fled when passersby intervened.
While the trial court charged the duo under Section 376 IPC (rape) and Section 18 of the POCSO Act (attempt to commit an offence), Justice Ram Manohar Narayan Mishra of the Allahabad High Court altered the charges.
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Instead, the HC ruled that the evidence only supported charges under:
- Section 354(b) IPC (assault with intent to disrobe)
- Section 9/10 of the POCSO Act (aggravated sexual assault)
The HC concluded there was no intent to commit penetrative sexual assault, and hence, attempt to rape was not made out.
SC Issues Notice to Centre, UP Govt; Top Law Officers to Assist
The Supreme Court has issued notices to the Central Government, Uttar Pradesh Government, and other parties involved, including the accused.
Additionally, the court has requested the presence and assistance of Attorney General R. Venkataramani and Solicitor General Tushar Mehta to help adjudicate the case, registered as:
“In Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and ancillary issues.”
Senior Advocate’s Letter Sparks SC Intervention
The suo moto action was initiated following a letter from Senior Advocate Shobha Gupta, who urged Chief Justice of India D.Y. Chandrachud to take note of the “insensitive and legally flawed” observations made by the Allahabad HC in its ruling.
What’s at Stake: Legal Interpretation of Attempt to Rape
The case now under SC review raises critical legal and moral questions:
- How should courts interpret “attempt to rape” under Section 376 IPC?
- Does the lack of penetrative attempt invalidate the seriousness of sexual assault?
- What constitutes a “preparation” vs. “attempt” in rape cases?
The outcome of the case could have nationwide implications on how courts interpret and prosecute sexual assault and child abuse cases in India
