New Delhi: The Supreme Court on Tuesday came down heavily on the Allahabad High Court for its controversial remark in a rape case. The top court said that such observations should not be made.
The top court made the observation while hearing a suo motu case initiated by it in connection with another case in which the Allahabad HC had ruled that grabbing the breasts of a minor girl, breaking the string of her pyjama and trying to drag her beneath a culvert could be termed as rape or attempt to rape, reported The Bar and Bench.
What The Supreme Court Said?
A Bench of Justices BR Gavai and Augustine George Masih took exception of the Allahabad High Court's recent verdict in a rape case that the woman herself had invited trouble. "There is another order now by another judge. 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 (judges)," Justice Gavai said as quoted by The Bar and Bench. The SC also stated that such "unwarranted" observations against the complainant should be avoided.
High Court's Observation In The Rape Case:
The HC had observed that the woman was responsible for rape against her. The comment was made by the high court's Justice Sanjay Kumar Singh on March 11.
Justice Singh granted bail to an accused who was arrested in December 2024 for the alleged rape of a woman. According to reports, the alleged crime took place in September 2024 when the woman, an MA student, had gone to a bar in Delhi with her female friends.
In March SC Stayed Allahabad HC's 'Grabbing Breasts Not Rape' Ruling:
On March 26, 2025, the Supreme Court stayed the Allahabad High Court's controversial order which stated that grabbing the breasts of a minor girl, breaking the string of her pyjama and trying to drag her beneath a culvert could be termed as a rape or an attempt to rape.
Earlier in March this year, the Allahabad HC's single-judge bench of Justice Ram Manohar Narayan Mishra had made these observations while modifying the charges by a lower court against two men who were accused of rape, grabbing the breasts of a minor girl, breaking the string of her pyjama and trying to drag her beneath a culvert could be termed as an attempt to rape.
