Allahabad high court's recent ruling has a detractor in senior advocate Indira Jaising.

In a recent order, the high court stated that "grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape", altering a summoning order, and changing the charges against the two accused.

Jaising took to social media platform X to say, "Read this headline. Requires suo moto action by SC. Judges have been pulled up for much less by SC. Grabbing breasts, breaking pyjama string is not enough for charge of attempt to rape, says Allahabad High Court."

The high court made the statement while modifying an earlier trial court order that had summoned two accused, Pawan and Akash, under Section 376 (rape) of the Indian Penal Code (IPC) and Section 18 (attempt to commit an offence) of the Prevention of Children from Sexual Offences (Pocso) Act, according to a LiveLaw report.

A bench of Justice Ram Manohar Narayan Mishra ruled that the accused would only face charges under Section 354-B (assault or use of criminal force with intent to disrobe) of the IPC and Sections 9 and 10 (aggravated sexual assault) of the Pocso Act.

“The allegations levelled against the accused Pawan and Akash and facts of the case hardly constitute an offence of attempt to rape in the case. In order to bring out a charge of attempt to rape the prosecution must establish that it had gone beyond the stage of preparation. The difference between preparation and actual attempt to commit an offence consists chiefly in the greater degree of determination,” Justice Mishra observed as the bench partly allowed the criminal revision plea filed by three accused, LiveLaw quoted the high court as saying.

What the court said

The court said that while Akash allegedly tried to drag the victim beneath a culvert and broke the string of her pyjama, the witnesses did not state that she became naked or undressed as a result. “There is no allegation that the accused tried to commit penetrative sexual assault against the victim,” LiveLaw quoted the high court as saying.

Former NCW chief lashes out

Rajya Sabha MP and former chief of NCW, Rekha Sharma said, "I think the judges are not sensitised, then what will the women and children do? They should see the intention behind an act. NCW should go to the Supreme Court against this. Judges should be told that they can't make such judgements. This is totally wrong and I am against it."

AAP MLA reacts

Aam Aadmi party leader Saurabh Bharadwaj wrote on X, "I feel so ashamed that we have such Judgements coming from High Court."

In a separate case, the Allahabad high court recently granted bail to a 26-year-old man accused of rape, exploitation, and sharing the survivor's photos online. The bail was granted on the condition that he marry the woman, 23, within three months of his release and refrain from tampering with evidence, The Times of India reported March 5.