Supreme Court Stays Allahabad HC Ruling in Child Sexual Assault Case

The Hon’ble Supreme Court of India on Wednesday stayed the Allahabad High Court’s controversial judgment that grabbing the breasts of an 11-year-old child, breaking the string of her pyjama, and dragging her beneath a culvert did not amount to attempted rape. The top court also allowed the petition filed by Just Rights for Children Alliance (Just Rights for Children Alliance & Anr. Vs. Akash) challenging the Allahabad’s HC’s order.

Taking suo motu cognizance of the matter, Hon’ble Supreme Court’s bench comprising Justice BR Gavai and Justice AG Masih expressed strong disapproval of the insensitivity evident in the High Court’s order, calling the observations “shocking and devoid of any understanding of the law.”

Just Rights for Children Alliance is also representing the victim in this case. Just Rights for Children (JRC) – a network of over 250 NGOs working in 416 districts for child protection and child rights.

"We are pained to state that some of the observations made in the impugned judgment, particularly paras 21, 24, and 26, depict a total lack of sensitivity on the part of the author of the judgment. This verdict, delivered after nearly four months of deliberation, reflects an inhuman approach that is totally inconsistent with the tenets of law," the bench said.

The trial court had summoned the accused, Pawan and Akash, under Section 376 IPC read with Section 18 of POCSO Act, considering the offence to be an attempt to rape. However, the Allahabad High Court held that the acts of grabbing the breasts of the child and forcefully dragging her beneath a culvert, before fleeing upon the arrival of passersby was not sufficient to establish the offence of “attempt to rape” under Section 376/511 IPC or “Rape” under Section 376 IPC read with Section 18 of the POCSO Act. Consequently, the charges were modified to Section 354(B) IPC read with Sections 9/10 of the POCSO Act.

The Hon’ble Supreme Court issued notices to the Union of India, the State of Uttar Pradesh, and all parties involved in the case. Just Rights for Children Alliance will now spearhead the legal proceedings to ensure that the dignity and rights of the victim are upheld and justice is delivered.

“For over 3.5 years, no FIR was registered, and more than 3 years of legal proceedings unfolded without initiating a formal investigation. For a poor and vulnerable child victim, this prolonged inaction is a grave injustice. We are relieved that the Hon’ble Court has admitted our SLP, and we remain committed to supporting and fighting for the victim,” said Rachna Tyagi, representing Just Rights for Children Alliance and the victim’s family.