09-Apr-2025 09:15 PM
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New Delhi, Apr 9 (Reporter) The Supreme Court on Wednesday directed the registry of the Allahabad High Court to redact the name of the complainant mother in a sensitive case involving an alleged attempt to rape a minor girl, in which the High Court had made controversial observations that drew nationwide outrage.
A bench, comprising Justices B R Gavai and Augustine George Masih, issued the direction while hearing a plea filed by the Just Rights for Children Alliance, along with the survivor’s mother, challenging the March 17 order of the High Court.
The petitioners requested that their case be tagged with the suo motu proceedings initiated by the Apex Court, which are scheduled to be heard on April 15.
Senior Advocate H S Phoolka, appearing for the petitioners, urged the Court to ensure the redaction of the victim’s mother’s name in compliance with previous top court's guidelines.
"The High Court has mentioned the name of the victim’s mother, who is the complainant, and there are a number of orders of this Court that the name should be redacted," he submitted.
Taking note, the bench observed, "In the meantime, we direct the registry of the High Court to redact the name of the victim’s mother."
On March 26, the Supreme Court took suo motu cognisance of the High Court’s ruling after it came to the attention of Chief Justice of India Sanjiv Khanna.
The Apex Court had stayed the observations made in paragraphs 21, 24, and 26 of the High Court’s March 17 order, terming them “totally unknown to the cannons of law” and reflective of “insensitivity and inhuman approach.”
The Supreme Court remarked, "In normal circumstances, we are slow in granting a stay at this stage. But since the observations... depict total insensitivity and inhuman approach, we are inclined to stay the said observation."
It clarified that until further orders, those observations shall not be used in any judicial proceedings by the accused or others to seek relief.
The controversial ruling by Justice Ram Manohar Narayan Mishra of the Allahabad High Court held that the accused could not be charged with attempt to rape under Section 376 of Indian Penal Code.
Instead, it ruled that they were liable only for the lesser offence under Section 354B IPC, assault or use of criminal force with intent to disrobe a woman.
The High Court had observed, "On facts of the case, a prima facie charge of attempt to rape is not made out against the accused... they are liable to be summoned for a minor charge of Section 354B IPC."
This observation was made despite allegations that the accused grabbed the survivor’s breasts, attempted to pull her pyjama’s drawstrings, and tried to drag her under a culvert.
According to the complaint, the incident occurred on November 10, 2021. The mother and her 14-year-old daughter were returning home when three men—Pawan, Akash, and Ashok--allegedly offered the child a lift, stopped midway and sexually assaulted her.
The case was initially taken up by a special POCSO judge in Kasganj who had summoned the accused under charges including Section 376 IPC.
The Apex Court has issued notices to the Union Government, the Uttar Pradesh government, and the parties involved in the High Court proceedings as part of the suo motu case.
The matter will be next heard on April 15...////...