TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    why are national parks closed during monsoon?

    Why India’s National Parks Close During the Monsoon; And Which Ones Stay Open

    Saquib Nachan, Alleged ISIS India Chief, Dies After Brain Haemorrhage in Delhi Hospital

    Saquib Nachan, ISIS India Chief, Dies After Brain Haemorrhage in Delhi Hospital

    VP Dhankhar Questions Emergency-Era additions to Constitution

    VP Dhankhar Questions Emergency-Era Additions “socialist” and “secular” to Preamble, Calls Them a Wound

    Prada acknowledges India's traditional intellectual property

    Prada Responds to Controversy Over Kolhapuri Chappals, Acknowledges Indian Footwear Inspiration

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CDPLC gives MDL a strategic foothold in the Indian Ocean Region

    India’s Strategic Victory : Mazagon Docks acquires majority stake in Sri Lankan Dockyard

    China's Fertiliser Export Halt to India Raises Strategic Red Flags

    China’s Fertiliser Export Halt to India Raises Strategic Red Flags, Prompts Swift Response

    India’s Economic Engine Accelerates

    India’s Economic Engine Accelerates: S&P Projects 6.5% GDP Growth for FY26

    US-Iran Tensions Shake Global Markets

    US-Iran Tensions Shake Global Markets; Oil Prices Surge and Safe-Haven Assets Rise

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    F-35 jet stranded in Kerala

    Grounded British F-35B to Be Shifted to Kerala Hangar for Repairs, UK Confirms

    Indian Navy Was Ready to Strike: A Catastrophic Blow Pakistan Barely Escaped

    Op Sindoor: Indian Navy Was Ready to Strike – A Catastrophic Blow Pakistan Barely Escaped

    UK’s F-35 Jet Grounded in Kerala for 10 Days Over Engineering Glitch

    UK’s F-35 Jet Grounded in Kerala for 10 Days Over Engineering Glitch, No Takeoff in Sight

    CQB carbine

    DRDO and Indian Army Unveil Indigenous CQB Carbine for Urban Warfare

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    How Modi Government Protected India’s Chabahar Investment During Iran-Israel Conflict

    India Did What Others Couldn’t: How Modi Govt Kept Chabahar Port Safe Amid Iran-Israel War

    CDPLC gives MDL a strategic foothold in the Indian Ocean Region

    India’s Strategic Victory : Mazagon Docks acquires majority stake in Sri Lankan Dockyard

    durga temple demolished in bangladesh

    Durga Idol Crushed in Dhaka Demolition; India Condemns Bangladesh’s Assault on Hindu Sentiment

    PM Narendra Modia

    PM Modi Heads to Brazil for BRICS Summit as Putin, Xi Skip Key Global Meet

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    jagannath yatra 2025 begins

    Jagannath Rath Yatra Begins, Millions Join Sacred Procession in Puri

    indian culture as world civilisation

    The Indian Roots of World Civilizations

    death anniversary of shyama prasad mukherjee

    From Sacrifice to Sovereignty: How Modi’s India Is Realizing Shyama Prasad Mukherjee’s Vision

    Rohith Vemula Bill Sparks Outrage Over Flawed Premise and Vote-Bank Politics

    Karnataka’s Rohith Vemula Bill Sparks Outrage Over Flawed Premise and Vote-Bank Politics

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    South Indian cuisine is a celebration of flavour,

    South India’s Guilt-Free Delights: 5 Low-Calorie Snacks That Taste Like Pure Joy

    check how old your aircraft is

    Curious About Your Aircraft’s Age? Here’s How to Find Out in Under a Minute

    brain health boosting exercises

    10 Fun Brain Exercises to Keep Your Mind Sharp and Delay Cognitive Decline

    A Deep Look into Mucormycosis and Throat Cancer

    A Deep Look into Mucormycosis and Throat Cancer

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    why are national parks closed during monsoon?

    Why India’s National Parks Close During the Monsoon; And Which Ones Stay Open

    Saquib Nachan, Alleged ISIS India Chief, Dies After Brain Haemorrhage in Delhi Hospital

    Saquib Nachan, ISIS India Chief, Dies After Brain Haemorrhage in Delhi Hospital

    VP Dhankhar Questions Emergency-Era additions to Constitution

    VP Dhankhar Questions Emergency-Era Additions “socialist” and “secular” to Preamble, Calls Them a Wound

    Prada acknowledges India's traditional intellectual property

    Prada Responds to Controversy Over Kolhapuri Chappals, Acknowledges Indian Footwear Inspiration

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    CDPLC gives MDL a strategic foothold in the Indian Ocean Region

    India’s Strategic Victory : Mazagon Docks acquires majority stake in Sri Lankan Dockyard

    China's Fertiliser Export Halt to India Raises Strategic Red Flags

    China’s Fertiliser Export Halt to India Raises Strategic Red Flags, Prompts Swift Response

    India’s Economic Engine Accelerates

    India’s Economic Engine Accelerates: S&P Projects 6.5% GDP Growth for FY26

    US-Iran Tensions Shake Global Markets

    US-Iran Tensions Shake Global Markets; Oil Prices Surge and Safe-Haven Assets Rise

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    F-35 jet stranded in Kerala

    Grounded British F-35B to Be Shifted to Kerala Hangar for Repairs, UK Confirms

    Indian Navy Was Ready to Strike: A Catastrophic Blow Pakistan Barely Escaped

    Op Sindoor: Indian Navy Was Ready to Strike – A Catastrophic Blow Pakistan Barely Escaped

    UK’s F-35 Jet Grounded in Kerala for 10 Days Over Engineering Glitch

    UK’s F-35 Jet Grounded in Kerala for 10 Days Over Engineering Glitch, No Takeoff in Sight

    CQB carbine

    DRDO and Indian Army Unveil Indigenous CQB Carbine for Urban Warfare

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    How Modi Government Protected India’s Chabahar Investment During Iran-Israel Conflict

    India Did What Others Couldn’t: How Modi Govt Kept Chabahar Port Safe Amid Iran-Israel War

    CDPLC gives MDL a strategic foothold in the Indian Ocean Region

    India’s Strategic Victory : Mazagon Docks acquires majority stake in Sri Lankan Dockyard

    durga temple demolished in bangladesh

    Durga Idol Crushed in Dhaka Demolition; India Condemns Bangladesh’s Assault on Hindu Sentiment

    PM Narendra Modia

    PM Modi Heads to Brazil for BRICS Summit as Putin, Xi Skip Key Global Meet

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    jagannath yatra 2025 begins

    Jagannath Rath Yatra Begins, Millions Join Sacred Procession in Puri

    indian culture as world civilisation

    The Indian Roots of World Civilizations

    death anniversary of shyama prasad mukherjee

    From Sacrifice to Sovereignty: How Modi’s India Is Realizing Shyama Prasad Mukherjee’s Vision

    Rohith Vemula Bill Sparks Outrage Over Flawed Premise and Vote-Bank Politics

    Karnataka’s Rohith Vemula Bill Sparks Outrage Over Flawed Premise and Vote-Bank Politics

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    South Indian cuisine is a celebration of flavour,

    South India’s Guilt-Free Delights: 5 Low-Calorie Snacks That Taste Like Pure Joy

    check how old your aircraft is

    Curious About Your Aircraft’s Age? Here’s How to Find Out in Under a Minute

    brain health boosting exercises

    10 Fun Brain Exercises to Keep Your Mind Sharp and Delay Cognitive Decline

    A Deep Look into Mucormycosis and Throat Cancer

    A Deep Look into Mucormycosis and Throat Cancer

    • 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
MASHABLE IS A GLOBAL, MULTI-PLATFORM MEDIA AND ENTERTAINMENT COMPANY FOR MORE QUERIES AND NEWS CONTACT US ON THIS EMAIL: INFO@MASHABLEPARTNERS.COM

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

Probe Panel Gives Go-Ahead for Justice Yashwant Varma’s Impeachment

Government Likely to Move Impeachment Motion Against Justice Varma in Monsoon Session

Supreme Court Cracks Whip: Centre Gets Notice on ‘Illegal’ Betting Apps – Time to End Digital Exploitation of Youth

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

why are national parks closed during monsoon?
Trending

Why India’s National Parks Close During the Monsoon; And Which Ones Stay Open

29 June 2025

For many nature enthusiasts and wildlife lovers, visiting national parks like Jim Corbett or Ranthambore is a dream. These...

Saquib Nachan, Alleged ISIS India Chief, Dies After Brain Haemorrhage in Delhi Hospital
Trending

Saquib Nachan, ISIS India Chief, Dies After Brain Haemorrhage in Delhi Hospital

28 June 2025

Saquib Nachan, the man accused of leading ISIS ’s operations in India and a former key figure in the...

VP Dhankhar Questions Emergency-Era additions to Constitution
Trending

VP Dhankhar Questions Emergency-Era Additions “socialist” and “secular” to Preamble, Calls Them a Wound

28 June 2025

Vice President Jagdeep Dhankhar has reignited a powerful national debate on Saturday saying that the words “socialist” and “secular”...

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

The gulf crossroads: usa stakes, China's money and Iran's nuclear threat.

The gulf crossroads: usa stakes, China's money and Iran's nuclear threat.

00:30:34

HOW NDA IS MAKING IN- ROADS INTO TAMIL NADU?

00:05:57

the ganga treaty is about to expire. What happens next?

00:06:54

India's Rise: Defense and Diplomacy in 2047 Vision

00:22:51

1975 emergency: India's 21 month dictatorship.

00:10:29
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©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