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Supreme Court Reviews Allahabad High Court's Controversial "Grabbing minor's breasts, breaking pyjama string not attempt to rape"

In a landmark move, the Supreme Court of India has taken suo motu cognizance of a contentious judgment issued by the Allahabad High Court on March 17, 2025. The High Court's decision, which modified the charges against two accused in a case involving an alleged assault on an 11-year-old girl, has stirred public outrage and legal debate.

The Case and Its Backdrop

The case centers around two accused, Pawan and Akash, who allegedly assaulted a minor girl. According to the prosecution, the duo grabbed the victim's breasts, broke the string of her pyjama, and attempted to drag her beneath a culvert. Their actions were interrupted when passers-by intervened, forcing them to flee the scene.

The trial court initially invoked Section 376 of the Indian Penal Code (IPC), which deals with the offence of rape, and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act, which pertains to attempted penetrative sexual assault. However, the Allahabad High Court altered the charges, directing that the accused be tried under the lesser charges of Section 354-B IPC (assault or use of criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act (aggravated sexual assault).

High Court’s Observations and the Controversy

Justice Ram Manohar Narayan Mishra, presiding over the case in the High Court, observed that the accused's actions did not amount to attempted rape. The judgment emphasized that there was insufficient evidence to infer that the accused were determined to commit rape, as no further acts beyond the initial assault were attributed to them.

This interpretation of the law sparked widespread criticism. Legal experts and child rights advocates have expressed concerns that the ruling could set a dangerous precedent, potentially minimizing the gravity of such heinous crimes.

Supreme Court’s Intervention

Recognizing the critical implications of the High Court’s decision, the Supreme Court Bench comprising Justices BR Gavai and Augustine George Masih has taken suo motu action to review the matter. The case, titled "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," is expected to examine the broader legal and social ramifications of the High Court’s judgment.

Broader Legal Implications

This case has reignited debates surrounding the interpretation of laws related to sexual offences, particularly those involving minors. The distinction between sexual assault and attempted rape is critical, as it directly impacts the severity of charges and punishments imposed.

Many experts argue that cases involving children require a sensitive, victim-centered approach, where the intent of the accused is thoroughly scrutinized. The Supreme Court’s intervention may pave the way for clearer guidelines on handling such cases and reaffirm the judiciary’s commitment to safeguarding the rights of vulnerable victims.

What Lies Ahead

As the Supreme Court begins its review, all eyes are on the apex judiciary to uphold justice and ensure that legal provisions are applied in a manner that prioritizes the protection and dignity of victims. The outcome of this case could have far-reaching consequences for India’s legal framework concerning sexual offences and child protection.

Stay tuned for updates!

Also read- Grabbing minor's breasts, breaking pyjama string not attempt to rape

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