Attempted rape survivor 'relieved' after Supreme Court stays Allahabad HC observations on offence

Prayagraj: The family of the minor girl who was a victim of an attempted rape in Uttar Pradesh's Kasganj district has expressed relief after the Supreme Court stayed the Allahabad High Court's ruling in the case.

Advocate Rachna Tyagi, who represented the family in the apex court, shared this information and said the survivor's mother is "extremely relieved".

The government advocate representing the survivor's side in the Allahabad High Court could not be reached for comment.

The Supreme Court, taking suo motu cognisance of the case, stayed the Allahabad High Court's order on Wednesday, saying it depicted "total insensitiveness" and an "inhuman approach".

In its ruling, the Allahabad High Court had stated that holding a girl's breasts and untying the drawstring of her pyjamas do not constitute rape (IPC Section 376) but rather fall under Section 354(B) (assault with intent to disrobe a woman).

Speaking to PTI, Tyagi said, "The survivor's mother is extremely relieved because ever since the incident in November 2021, her FIR was not being registered. In January 2022, she had to approach the district court under Section 156(3) to file a complaint." "Since then, for over three-and-a-half years, neither the trial court nor the high court ordered the FIR to be registered. Attempted rape is a cognisable offence and an FIR must be filed in such cases," she added.

The Just Rights for Children Alliance challenged the high court's ruling, arguing that no FIR had been filed in the case and that the high court had diluted the lower court's summons against the accused under IPC Section 376 (rape) and Section 18 of the POCSO Act.

According to Tyagi, the Allahabad High Court had reserved its judgment in November 2024 and delivered its ruling on March 17. She called it "completely inhumane".

She further said the survivor's family is extremely poor and the girl is the only sister among three brothers.

According to case records, the victim's mother had filed an application before the Special POCSO Court, alleging that around 5 pm on November 10, 2021, she was returning home with her 14-year-old daughter after visiting her sister-in-law.

Three men from their village -- Pawan, Akash and Ashok -- stopped them and inquired about their whereabouts. When the mother told them they were returning from her sister-in-law's house, the accused offered to drop the girl home on their motorcycle. Trusting them, she let her daughter go with them.

However, midway, the accused stopped the motorcycle. One of them grabbed the girl's breasts and Akash dragged her under a culvert, where he broke the drawstring of her pyjamas.

The girl screamed for help, attracting the attention of two bystanders. The accused then brandished a firearm, threatened to kill them, and fled the scene.