TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    How Christian Groups Cry 'Persecution' to Justify Conversion Crimes in India

    How Christian Groups Cry ‘Persecution’ to Justify Conversion Crimes in India

    elhi Police Bust Mamata’s Fake Assault Narrative in Hours

    Mamata Banerjee Shares ‘Fake’ Video of assault on Bengali woman, Delhi Police Call It Fabricated

    After RSS, VHP Too Seeks a Debate on Scrapping Emergency Era Additions 'Secular' and 'Socialist'

    After RSS, VHP Too Seeks a Debate on Scrapping Emergency Era Additions ‘Secular’ and ‘Socialist’

    All 3 Terrorists Behind Pahalgam Attack Eliminated in Operation Mahadev: Amit Shah In Lok Sabha

    All 3 Terrorists Behind Pahalgam Attack Eliminated in Operation Mahadev: Amit Shah In Lok Sabha

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Bans 25 OTT Platforms

    India Bans 25 OTT Platforms Including ULLU, ALTT & Desiflix for Obscene Content

    Union Commerce Minister Piyush Goyal and UK Trade Secretary Jonathan Reynolds formally signed the Free Trade Agreement

    India, UK Sign Historic FTA; Modi Sends Stern Message on Terror, Corruption, and Democracy Abuse

    What Can the Hindustan Zinc Share Price Tell Us About Strategic Resource Investing in India

    What Can the Hindustan Zinc Share Price Tell Us About Strategic Resource Investing in India

    How to Choose the Best Bank to Open a Savings Account in 2025

    How to Choose the Best Bank to Open a Savings Account in 2025

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Guns to Chocolates—Shah Links Pahalgam Terror to Pakistan

    Guns, Pakistani Chocolates, Voter IDs: Amit Shah Nails Proof on Pahalgam Terrorists Killed In Operation Mahadev

    Pakistan Was Forced to Kneel Before India’s Might, Confirms Rajnath Singh

    Pakistan Couldn’t Handle India’s Retaliation, DGMO Pleaded for Truce: Rajnath Singh in Lok Sabha

    Pahalgam Attack Mastermind Hashim Musa Eliminated in J&K

    Ex-Pak Para Commando, Pahalgam Attack Mastermind Hashim Musa Eliminated in J&K Encounter

    J&K Encounter Under Operation Mahadev: 3 Lashkar Terrorists Killed, Pahalgam Link Confirmed

    J&K Encounter Under Operation Mahadev: 3 Lashkar Terrorists Killed, Pahalgam Link Confirmed

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    MEA Refutes ‘Inaccurate’ Claims by Grand Mufti on Nimisha Priya’s Death Sentence Being Cancelled

    Grand Mufti’s Claims on Nimisha Priya’s Death Sentence Being Cancelled Are ‘Inaccurate’: MEA

    India Rejects Western Pressure: National Interest Over Global Optics

    Should We Switch Off Our Economy? Indian Envoy’s Sharp Response to Question on Russian Oil

    China’s Failed Gamble in the Maldives: A Broader Pattern in South Asia

    China’s Failed Gamble in the Maldives: A Broader Pattern in South Asia

    Pakistan Backs Off: Islamabad Caves In on TRF After U.S. Terror Tag

    Pakistan Backs Off: Islamabad Caves In on TRF After U.S. Terror Tag

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Chola Legacy, Modi’s Message: Restoring Dharma in Tamil Political Discourse

    Rajendra Chola to PM Modi: Reclaiming Tamil Nadu’s Forgotten Hindu Civilizational Heritage

    Schools in Delhi May Soon Bear Names of Local Kargil Martyrs, Says Minister on Vijay Diwas

    Schools in Delhi May Soon Bear Names of Local Kargil Martyrs, Says Minister on Vijay Diwas

    NCERT Textbook Reveals Mughal Religious Intolerance

    Ruthless Babur, Violent Akbar, Destructive Aurangzeb: NCERT Textbook Reveals Mughal Religious Intolerance

    India Built Gardens Long Before Babur Dreamt of Charbagh

    Before the Mughals: India’s Civilisation Built Gardens Long Before Babur Dreamt of Charbaghs

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Paw-lling Error: Golden Retriever named ‘Dog Babu’ Gets Voter-Ready in Bihar

    Paw-lling Error: Golden Retriever named ‘Dog Babu’ Gets Voter-Ready in Bihar

    Divya Deshmukh, First Indian to Win FIDE Women’s World Cup

    19-Year-Old Divya Deshmukh Makes History as First Indian Woman to Win FIDE World Cup

    How Rajabet Casino is Innovating Online Betting in India’s Competitive Market?

    India Cautions Citizens in Cambodia Amid Tensions Along Thai Border

    India Cautions its Citizens in Cambodia Amid Tensions Along Thai Border

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    How Christian Groups Cry 'Persecution' to Justify Conversion Crimes in India

    How Christian Groups Cry ‘Persecution’ to Justify Conversion Crimes in India

    elhi Police Bust Mamata’s Fake Assault Narrative in Hours

    Mamata Banerjee Shares ‘Fake’ Video of assault on Bengali woman, Delhi Police Call It Fabricated

    After RSS, VHP Too Seeks a Debate on Scrapping Emergency Era Additions 'Secular' and 'Socialist'

    After RSS, VHP Too Seeks a Debate on Scrapping Emergency Era Additions ‘Secular’ and ‘Socialist’

    All 3 Terrorists Behind Pahalgam Attack Eliminated in Operation Mahadev: Amit Shah In Lok Sabha

    All 3 Terrorists Behind Pahalgam Attack Eliminated in Operation Mahadev: Amit Shah In Lok Sabha

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Bans 25 OTT Platforms

    India Bans 25 OTT Platforms Including ULLU, ALTT & Desiflix for Obscene Content

    Union Commerce Minister Piyush Goyal and UK Trade Secretary Jonathan Reynolds formally signed the Free Trade Agreement

    India, UK Sign Historic FTA; Modi Sends Stern Message on Terror, Corruption, and Democracy Abuse

    What Can the Hindustan Zinc Share Price Tell Us About Strategic Resource Investing in India

    What Can the Hindustan Zinc Share Price Tell Us About Strategic Resource Investing in India

    How to Choose the Best Bank to Open a Savings Account in 2025

    How to Choose the Best Bank to Open a Savings Account in 2025

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Guns to Chocolates—Shah Links Pahalgam Terror to Pakistan

    Guns, Pakistani Chocolates, Voter IDs: Amit Shah Nails Proof on Pahalgam Terrorists Killed In Operation Mahadev

    Pakistan Was Forced to Kneel Before India’s Might, Confirms Rajnath Singh

    Pakistan Couldn’t Handle India’s Retaliation, DGMO Pleaded for Truce: Rajnath Singh in Lok Sabha

    Pahalgam Attack Mastermind Hashim Musa Eliminated in J&K

    Ex-Pak Para Commando, Pahalgam Attack Mastermind Hashim Musa Eliminated in J&K Encounter

    J&K Encounter Under Operation Mahadev: 3 Lashkar Terrorists Killed, Pahalgam Link Confirmed

    J&K Encounter Under Operation Mahadev: 3 Lashkar Terrorists Killed, Pahalgam Link Confirmed

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    MEA Refutes ‘Inaccurate’ Claims by Grand Mufti on Nimisha Priya’s Death Sentence Being Cancelled

    Grand Mufti’s Claims on Nimisha Priya’s Death Sentence Being Cancelled Are ‘Inaccurate’: MEA

    India Rejects Western Pressure: National Interest Over Global Optics

    Should We Switch Off Our Economy? Indian Envoy’s Sharp Response to Question on Russian Oil

    China’s Failed Gamble in the Maldives: A Broader Pattern in South Asia

    China’s Failed Gamble in the Maldives: A Broader Pattern in South Asia

    Pakistan Backs Off: Islamabad Caves In on TRF After U.S. Terror Tag

    Pakistan Backs Off: Islamabad Caves In on TRF After U.S. Terror Tag

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Chola Legacy, Modi’s Message: Restoring Dharma in Tamil Political Discourse

    Rajendra Chola to PM Modi: Reclaiming Tamil Nadu’s Forgotten Hindu Civilizational Heritage

    Schools in Delhi May Soon Bear Names of Local Kargil Martyrs, Says Minister on Vijay Diwas

    Schools in Delhi May Soon Bear Names of Local Kargil Martyrs, Says Minister on Vijay Diwas

    NCERT Textbook Reveals Mughal Religious Intolerance

    Ruthless Babur, Violent Akbar, Destructive Aurangzeb: NCERT Textbook Reveals Mughal Religious Intolerance

    India Built Gardens Long Before Babur Dreamt of Charbagh

    Before the Mughals: India’s Civilisation Built Gardens Long Before Babur Dreamt of Charbaghs

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Paw-lling Error: Golden Retriever named ‘Dog Babu’ Gets Voter-Ready in Bihar

    Paw-lling Error: Golden Retriever named ‘Dog Babu’ Gets Voter-Ready in Bihar

    Divya Deshmukh, First Indian to Win FIDE Women’s World Cup

    19-Year-Old Divya Deshmukh Makes History as First Indian Woman to Win FIDE World Cup

    How Rajabet Casino is Innovating Online Betting in India’s Competitive Market?

    India Cautions Citizens in Cambodia Amid Tensions Along Thai Border

    India Cautions its Citizens in Cambodia Amid Tensions Along Thai Border

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Insensitivity: SC stays Allahabad HC’s controversial ‘grabbing breasts not attempt to rape’ order

TFI Desk by TFI Desk
26 March 2025
in Law, Trending
Supreme Court

Supreme Court Rebukes Punjab Govt Over SYL Canal Dispute (File Photo)

Share on FacebookShare on X

In a major respite for women rights, the Supreme Court of India has stayed the Allahabad High Court’s controversial order which garnered nationwide condemnation. The controversial HC order held, “Grabbing a minor victim’s breasts, breaking the string of her pyjama and attempting to drag her beneath a culvert” do not constitute the offence of rape or attempt to rape. After initiating a suo moto case on Tuesday, the apex court has now stayed the order noting that it showed lack of sensitivity on the part of the High Court judge who passed the same. The SC bench added, “it was not a spur of the moment order”.

For several days, the High Court’s bizarre order on the offence of rape/attempt to rape had triggered animated reactions from people of all walks of life. Several Parliamentarians including Union Minister for Women and Child Development Annapurna Devi had slammed the Allahabad HC’s ruling. They also urged the apex court to intervene in this matter, which had initially rejected it.  

RelatedPosts

BJP Hits Out at Indira Jaising’s Plea to Lower Age of Consent; Centre Fears It May Fuel Trafficking

Supreme Court Stays Bombay HC Verdict in 7/11 Train Blasts Case, No Bar on Accused’s Release

Justice Varma Petitions Supreme Court to Quash Report Linking Him to Burnt Cash, Ahead of Impeachment Move

Load More

Slamming the HC ruling, Union Minister Annapurna Devi said, “I am completely against this decision and the Supreme Court should take serious note of it. Such a ruling has no place in a civilized society.” 

SC stays Allahabad HC’s ruling on ‘attempt to rape’: Details of court proceedings

After initiating a suo moto case, the Supreme Court bench of Justices BR Gavai and Augustine George Masih stayed the High Court order. The judgement was brought to the notice of the apex court by an organisation named ‘We the Women of India’.

While staying the controversial observations, the Court ordered, “We are at pains to state that it shows total lack of sensitivity on part of the author of the judgment. It (the order by High Court) was not even at the spur of the moment and was delivered four months after reserving the same. Thus, there was application of mind. We are usually hesitant to grant stay at this stage. But since observations in paragraphs 21, 24 and 26 is unknown to cannons of law and shows inhuman approach, we stay the observations in said paras.” 

Concurring with the SC bench, Solicitor General (SG) Tushar Mehta said there are enough reasons to stay the order. He said, “Some judgments contains reasons for staying them. It has the same. Para 21,24,26.” 

During today’s proceedings, Justice Gavai stated, “It is a serious matter. Total insensitiveness on part of the judge. This was at the stage of issuing summons! We are sorry to use such harsh words against the judge.”

The SG intervened saying, “Yes, I agree very serious. The way it was dealt with and said that it was mere preparation etc. The Chief justice of High Court as the master of roster should take some steps.” 

Subsequently, the bench sought responses from the Central government and the UP government on the matter as well as the assistance of Attorney General (AG) R Venkataramani and SG Tushar Mehta.

Afterwards, the Court directed, “We issue notice to Union government, State of UP and parties before the High Court. The learned AG and SG shall assist the court.” 

The Court also tagged the plea filed by the mother of the child-victim against the order with its suo motu case, both of them will now be heard together.

Strikingly, on 24th March, a Supreme Court Bench of Justices Bela Trivedi and Prasanna B Varale had rejected a PIL filed against that Allahabad High Court order which was delivered on 17th March as it was modifying a summoning order.

Earlier, the Allahabad High Court had altered the charges against the two accused originally summoned to stand trial under Section 376 IPC (Rape) and Section 18 (Punishment for attempt to commit an offence) of the Protection of Children from Sexual Offences (POCSO) Act. Rather the HC directed that the accused be tried under the lesser charge of Section 354-B IPC (assault or use of criminal force with intent to disrobe), along with Sections 9/10 of the POCSO Act (aggravated sexual assault).

While altering the charges, Justice Ram Manohar Narayan Mishra observed, “…the allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down lower garment of the victim and for that purpose they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident. This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim.”

Also Read: Grabbing breasts or snapping a pyjama string does not constitute rape or attempt to rape: Allahabad High Court

The trial court had found it to be a case of attempted rape or attempted penetrative sexual assault under the POCSO Act and thus invoked Section 376 as well as Section 18 of the POCSO Act. It also issued a summoning order under these provisions.

The accused then approached the High Court to challenge the summoning order. Before the High Court, they argued that even if the complaint’s version is accepted at face value, no offence of rape was made out. According to their argument, the case fell within the scope of Sections 354 (assault with intent to outrage modesty of woman) and 354(B) IPC, along with relevant provisions of the POCSO Act. 

However, the complainant’s counsel noted that at the stage of framing charges, the trial court is not required to meticulously analyse or weigh the evidence collected during the investigation. It was also contended that instead of it, the trial court only needed to determine whether a prima facie case exists to proceed with the trial. 

During its proceedings, the High Court observed that there was no material on record to suggest that the accused had a determined intent to commit rape on the victim. 

It further noted that neither the complaint nor the witnesses alleged that the accused Akash himself became unsettled after he broke the string of the minor victim’s lower garment.

The HC order stated, “It is also not stated by witnesses that due to this act of the accused the victim got naked or got undressed. There is no allegation that accused tried to commit penetrative sexual assault against the victim.” 

The Court stated that the allegations hardly constitute an offence of attempt to rape in the case adding, “In order to bring out a charge of attempt to rape the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination.”

Consequently, the High Court altered the trial court’s summoning and directed the lower court to issue a fresh summoning order under the revised sections.

Tags: Allahabad High Courtattempt to rapeGroppingPOCSO ActSupreme Court
ShareTweetSend
Previous Post

Jharkhand: Islamist Mob Attacks Ram Navami Mangla Procession with Stones in Hazaribagh, Police brings situation under control

Next Post

Temple-Mosque Disputes, Freedom of Speech, Bulldozer Crackdown & Foreign Influence: Yogi Adityanath Speaks Out

Related Posts

elhi Police Bust Mamata’s Fake Assault Narrative in Hours
Trending

Mamata Banerjee Shares ‘Fake’ Video of assault on Bengali woman, Delhi Police Call It Fabricated

29 July 2025

In a dramatic political embarrassment, West Bengal Chief Minister Mamata Banerjee’s claims of police brutality against a Bengali Muslim...

Priyanka Gandhi Vadra Returns to Lutyens’ Delhi
Politics

Priyanka Gandhi Vadra Returns to Lutyens’ Delhi with Allotment of 81 Lodhi Estate Bungalow

29 July 2025

Congress leader Priyanka Gandhi Vadra has been allotted a government bungalow at 81 Lodhi Estate, marking her return to...

Paw-lling Error: Golden Retriever named ‘Dog Babu’ Gets Voter-Ready in Bihar
Legal

Paw-lling Error: Golden Retriever named ‘Dog Babu’ Gets Voter-Ready in Bihar

28 July 2025

In a curious twist that underscores the often-bewildering nature of grassroots bureaucracy, a Golden Retriever named —Dog Babu, was...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Inside the ₹30,000 Cr Tug of War Between Karisma Kapoor and Sunjay’s Family

Inside the ₹30,000 Cr Tug of War Between Karisma Kapoor and Sunjay’s Family

00:04:08

Should the HR&CE Exist? The Controversial Control Over Hindu Temples in Tamil Nadu

00:06:31

Will India Buy F-35s from US or Build Su-57s with Russia? IAF’s Big Push Explained

00:08:32

PM Modi’s Blueprint for Tamil Nadu Begins at Rajendra Chola’s Capital Gangaikonda Cholapuram

00:07:57

One Woman. Two Brothers. Jodidaran- A Living Example of Polyandry in Himachal's Hatti Tribe.

00:05:32
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap
MASHABLE IS A GLOBAL, MULTI-PLATFORM MEDIA AND ENTERTAINMENT COMPANY. FOR MORE QUERIES AND NEWS, CONTACT US AT info@mashablepartners.com


©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited