The Supreme Court strongly criticised the Allahabad High Court for minimising the assault on a minor in a POCSO case, warning that insensitive judicial remarks create a chilling effect on victims. The Court ordered charges under IPC 376 and 511 to proceed.
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NEW DELHI: In a strong and unprecedented intervention, the Supreme Court of India on Monday set aside an Allahabad High Court ruling that held acts of grabbing a minor girl’s breasts, breaking the string of her pyjama, and attempting to pull down her lower garments were insufficient to infer an attempt to rape.
Calling the ruling “deeply problematic and requiring immediate correction,” the apex court emphasized that such judicial observations could severely harm survivors and undermine justice.
A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi took suo motu cognisance of the March 17, 2025 judgment. The Supreme Court made it clear that the trial should continue without delay or interference.
“We will set aside the High Court order and let the trial continue,”
CJI Surya Kant stated while issuing interim directions.
During the hearing, Senior Advocate Shobha Gupta, acting as amicus curiae, drew attention to a series of alarming judicial remarks made in sexual-offence cases across various High Courts. These included comments suggesting that an offence occurring at night amounted to an “invitation”, and remarks blaming victims for “inviting trouble.”
The Court expressed concern that such comments can create a chilling effect on victims and even be used to pressure them into withdrawing complaints.
“These comments can have a chilling effect on victims. Sometimes such modalities are adopted to pressure them into withdrawing the complaint,”
the CJI observed.
Gupta also highlighted a recent incident where a minor was allegedly harassed even during an in-camera trial, raising concerns about the safety and dignity of survivors within the justice system.
Senior Advocate H.S. Phoolka informed the court that the accused had already been attending trial court hearings and was aware of the Supreme Court case. The bench ordered the SHO to ensure proper communication regarding the next hearing date and ruled that no further adjournments would be granted on the grounds of service.
The Supreme Court also stayed the operation of the High Court’s order, noting that it was essential to ensure no prejudice was caused to the minor victim.
Directing the trial court to proceed appropriately, the Bench stated:
- Charges must be framed under Sections 376 and 511 IPC (attempt to rape)
- Applicable sections of the POCSO Act should also be included
- Proceedings must continue uninfluenced by observations from the Supreme Court
Background of the Case
The March 17 judgment, delivered by Justice Ram Manohar Narayan Mishra of the Allahabad High Court, modified a trial court order summoning two accused, Pawan and Akash. According to the prosecution, the duo assaulted an 11-year-old girl, with Akash allegedly attempting to drag her under a culvert after breaking the string of her pyjama, before being interrupted by passersby.
The ruling sparked widespread criticism from legal experts, women’s rights groups, and activists for trivializing assault and placing blame on the victim.
ALSO READ: “Disappointed”: Supreme Court Slams Kerala HC for Dropping POCSO Charges Against Teacher
The Supreme Court recalled a similar controversy from April 15, when a bench led by Justices B.R. Gavai and A.G. Masih criticised a High Court judge for stating that an adult woman had “invited trouble” upon herself in a rape case.
Justice Gavai had remarked:
“If one wants to grant bail, it should be granted. But why make observations like she invited all this trouble and so on?”
Case Title:
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
SUO MOTO WRIT PETITION(CRIMINAL) No(s).1/2025
READ ORDER
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