The decision of the Allahabad HC shows a completely insensitive and inhuman point of view : Supreme Court

  • The matter of attempt to rape a minor girl

  • Supreme Court stays the decision of the Allahabad High Court

New Delhi – There is a great difference between being prepared to commit a crime and actually committing a crime. That “mere” grabbing the breasts of a minor victim, breaking the string of her pyjama to “bring down” her lower garment, and dragging her under the bridge; are not sufficient to constitute an offence of attempt to rape, stated Allahabad High Court’s Justice Ram Manohar Narayan Mishra. He said this a few days back in his judgement on a case. To this the Supreme Court said, while giving stay on Allahabad High Court’s order, Allahabad High Court’s order shows a insensitive and inhuman point of view.

Supreme Court took suo moto cognisance of the case and gave decision about it. The Supreme Court said, while we give our decision and criticising the decision of the Allahabad High Court we are saddened, to say that the observations made by a Single Judge Bench of Justice Ram Manohar Narayan Mishra of the High Court was “totally insensitive, inhuman” and “unknown to the tenets of law”. The decision of the High Court was a shock for us.

What was the case ?

This crime happened in Uttar Pradesh’s Kasganj in 2011. Two accused under the excuse of dropping off a 11-year-old girl in their car, attempted to rape her. Both tried to  rape her; but when pedestrians confronted them and rescued the girl, the two accused ran away.