Prayagraj, Dec 09: The Supreme Court has strongly criticized the Allahabad High Court for remarks in a controversial verdict suggesting that “grabbing private parts or tearing a pajama string does not constitute attempted rape.” A bench led by Chief Justice D. Y. Sunakant stated on Monday that the High Court order would be set aside and the trial would continue.
The CJI highlighted that such language can have a chilling effect on victims, potentially pressuring them to withdraw complaints. He emphasized that courts, especially High Courts, must avoid insensitive commentary during hearings or while writing judgments. The bench noted that detailed guidelines may be issued to prevent recurrence.
Case Involves Assault On 14-Year-Old Girl In Kasganj
The case involves three accused — Pawan, Akash, and Ashok — who allegedly assaulted a 14-year-old girl in Kasganj in November 2021. The Allahabad High Court had previously downgraded charges of “attempt to rape” against two accused and ordered the trial under lesser sexual assault provisions. This prompted widespread criticism from legal experts and public opinion.
SC Had Stayed HC Order Earlier; Now Trial Will Proceed Under Stronger Charges
The Supreme Court, taking suo motu cognizance, had stayed the High Court’s order in March 2022. Notices were issued to the Central Government, Uttar Pradesh Government, and other parties for responses. Senior advocates cited similar insensitive remarks in other High Court judgments, prompting the Supreme Court to consider issuing standardized directions for courts handling sexual assault cases.
Also Watch:
The trial is set to continue under the original charges, ensuring the legal process addresses the severity of the alleged crime while upholding victims’ rights.
