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SC Stays Controversial HC Ruling On Rape Bid

The Daily Guardian

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March 27, 2025

"Total insensitiveness on part of the judge": Apex court

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SC Stays Controversial HC Ruling On Rape Bid

The Supreme Court on Wednesday stayed the Allahabad High Court's recent observations on grabbing of a woman's breasts and pulling the drawstrings of her "pyjama" not amounting to an attempt to rape and said it reflected total "insensitivity" and "inhuman approach".

Taking a strong exception to the high court's observations made in its March 17 verdict, the apex court termed it a "very serious matter".

"In normal circumstances, we are slow in granting stay at this stage. But since the observations appearing in paragraphs 21, 24 and 26 are totally unknown to the cannons of law and depict total insensitive and inhuman approach, we are inclined to stay the said observations," a bench of Justices B R Gavai and Augustine George Masih said.

The judgement showed a "lack of sensitivity" on the part of the Allahabad High Court judge, said the Supreme Court on Wednesday as it stayed the ruling, which stated that grabbing a minor girl's breasts, breaking her pyjama and trying to drag her beneath a culvert would not come under the offence of rape or an attempt to rape.

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