Supreme Court Slams Allahabad HC for ‘Insensitive’ Remarks in Sexual Assault Case; Orders Full Trial on Original Charges

Delhi: The Supreme Court on Monday issued a sharp rebuke to the Allahabad High Court over controversial observations made while diluting charges in a sexual assault case involving a 14-year-old girl. The High Court had previously suggested that acts such as “grabbing private parts” or “tearing a pajama string” did not amount to attempted rape — remarks that triggered widespread outrage from legal experts, women’s rights groups, and the general public.

A bench headed by Chief Justice D.Y. Sunakant made it clear that the language used in the High Court’s order was unacceptable and risked discouraging survivors from seeking justice. The CJI noted that such comments could have a chilling effect, potentially pressuring victims into silence. Stressing the responsibility of the judiciary, he said courts must choose their words with utmost sensitivity, especially while dealing with crimes against women and minors.

The Supreme Court confirmed that the High Court’s order will be set aside and the case will move forward under the original, more serious charges of attempted rape. The bench also indicated that it may frame comprehensive guidelines to prevent the recurrence of insensitive judicial remarks, acknowledging that similar issues have surfaced in rulings from various courts.

The case concerns three accused — Pawan, Akash, and Ashok — who were alleged to have assaulted the minor girl in Kasganj in November 2021. While the High Court downgraded charges for two of the accused, the Supreme Court had intervened in March 2022, staying the order and issuing notices to the Centre, the Uttar Pradesh government, and other stakeholders.