Wed Mar 26 06:00:06 UTC 2025: ## Supreme Court Stays Allahabad High Court Ruling Downplaying Child Sexual Assault

**New Delhi, March 26, 2025** – The Supreme Court of India today stayed a controversial Allahabad High Court order that minimized a sexual assault against a minor girl, calling the High Court’s assessment “totally insensitive, inhuman, and unknown to the tenets of law.”

The Allahabad High Court’s March 17th ruling stated that grabbing a minor’s breasts and attempting to remove her clothing did not constitute an attempt to rape. The Supreme Court, taking suo moto cognizance of the case, sharply criticized this conclusion. A bench headed by Justice B.R. Gavai noted that the High Court judge, Justice Ram Manohar Narayan Mishra, had reached this decision after “thoughtful consideration and meticulous examination,” making the insensitivity even more concerning.

The Supreme Court’s ruling highlighted the High Court’s graphic recounting of the assault’s details only to conclude the actions did not demonstrate intent to rape. The apex court found three paragraphs particularly objectionable, detailing how the accused grabbed the victim’s breasts, broke her pajama string, and attempted to drag her under a culvert before fleeing.

The High Court had modified the initial charges, reducing them from attempted rape under Section 376 (rape), 511 (attempt to commit offences punishable with life imprisonment), or rape under Section 18 of the Protection of Children from Sexual Offences (POCSO) Act, to the lesser charges of Section 354(b) IPC (assault or abuse with intent to disrobe) and Section 9 of the POCSO Act (aggravated sexual assault).

Attorney General R. Venkataramani and Solicitor General Tushar Mehta assisted the Supreme Court, urging careful examination of the case. The Supreme Court issued notices to the Union government and the Uttar Pradesh state government, and allowed the victim’s mother to join the case. The case has been adjourned for two weeks. The Supreme Court has directed its registry to inform the Allahabad High Court of its decision.

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