Wed Mar 26 13:14:42 UTC 2025: **Supreme Court Stays Allahabad High Court Ruling Dismissing Child Sexual Assault Case**

NEW DELHI – The Supreme Court of India today issued a stay order on an Allahabad High Court ruling that downplayed a child sexual assault case, sparking widespread outrage. The High Court judge had controversially stated that grabbing a child’s breasts and pulling down their pajama string did not constitute attempted rape.

The Supreme Court bench, comprising Justices B.R. Gavai and Augustine George Masih, expressed deep concern over the High Court’s judgment, describing the observations as exhibiting a “total lack of sensitivity.” The judges noted that the judgment was delivered four months after the case was reserved, indicating a considered, rather than impulsive, decision. The Court specifically cited paragraphs 21, 24, and 26 of the High Court’s ruling as demonstrating a flawed understanding of the law and an inhumane approach.

The Supreme Court’s suo moto action was triggered by the organization “We the Women of India,” which brought the matter to the Court’s attention. The victim’s mother has also filed an appeal, which has been combined with the Supreme Court’s own case.

The controversial Allahabad High Court judgment, delivered on March 17 by Justice Ram Manohar Narayan Mishra, overturned a lower court’s decision to summon the accused under Section 376 of the Indian Penal Code (rape) and Section 18 of the Protection of Children from Sexual Offences (POCSO) Act. The High Court judge argued that the prosecution had not established that the actions went beyond preparation and into the stage of attempted rape.

The case involves allegations that two accused, Pawan and Akash, grabbed the victim’s breasts and attempted to remove her lower garment. Witnesses intervened, and the accused fled. The High Court ruling minimized the gravity of these actions.

Solicitor General Tushar Mehta supported the Supreme Court’s intervention, stating that some judgments necessitate a stay. The Supreme Court has issued notices to the central and Uttar Pradesh state governments seeking their responses. The case highlights ongoing concerns about the sensitivity and understanding of sexual assault laws within the Indian judiciary.

Read More