The Supreme Court on Tuesday criticized the Allahabad High Court for making insensitive remarks in a rape bail order, where it said the victim ‘herself had invited trouble’.
A bench of Justices BR Gavai and AG Masih said such observations were unacceptable, even when granting bail.
“There is another order by another judge. Yes, bail can be granted. But what is this discussion that ‘she herself invited trouble’? One has to be careful when saying such things,” Justice Gavai remarked.
On March 26, the top court stayed specific parts of the March 17 Allahabad High Court order, calling the observations in paragraphs 21, 24, and 26 ‘insensitive’ and ‘inhuman’.
The court took suo moto cognizance of the matter after receiving a letter from senior advocate Shobha Gupta, who requested the Chief Justice of India to intervene.
The SC registered the case as ‘In Re: Order dated 17.03.2025 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and ancillary issues.’
It will hear the case, along with the plea by the victim’s mother, after four weeks.
HC Downgraded Charges Despite Serious Allegations
Justice RMN Mishra of the Allahabad HC had altered the charges against two accused — Pawan and Akash — reducing them from rape (Section 376 IPC) and attempted rape (POCSO Act) to a lesser offence under Section 354(b) IPC and Sections 9/10 of the POCSO Act.
The prosecution alleged that the accused grabbed the victim’s breasts, broke her pyjama string, and tried to drag her under a culvert. They fled when passersby intervened.
Justice Mishra ruled that the case lacked the ingredients of attempted rape as there was no allegation of penetrative assault and said the actions did not go beyond preparation.
The Supreme Court’s intervention highlights concerns over judicial sensitivity in sexual assault cases and signals its intent to ensure accountability in such rulings.