SC stayed an Allahabad HC order in a rape case and took suo motu action in a POCSO matter, emphasizing judicial responsibility in sexual offence cases.
SUPREME COURT SLAMS ALLAHABAD HC FOR RAPE VICTIM COMMENT
Case in News
The Supreme Court of India slams Allahabad High Court for saying rape victim invited trouble.
Case Overview
Case Name: Nischal Chandak vs. State of Uttar Pradesh
The Supreme Court of India has strongly objected to an observation made by the Allahabad High Court in a rape bail case where Justice Sanjay Kumar Singh stated that the woman has “invited trouble.” This remark of the Judge was made while granting bail to a man accused of raping a woman he met at a bar in Delhi. The apex court is also reviewing a separate Suo Motu Cognisance related to another controversial ruling made by Justice Ram Manohar Narayan Mishra reducing charges in a matter related to POCSO.
Key Aspects
- Justice Sanjay Kumar Singh granted bail to a rape accused on 11th March, 2025.
- The High Court remarked that the victim had “invited trouble,” sparking outrage in public.
- In another case Justice Ram Manohar Narayan Mishra downgraded the charges of rape despite grave allegations under the POCSO Act.
- The accused tried to disrobe a minor and drag her beneath a culvert.
- Original charges under Section 376 of Indian Penal Code (IPC) and Section 18 POCSO Act were modified.
Legal Insights
- Section 376 IPC – explains Rape
- Section 18 POCSO Act – describes attempt to commit sexual offences
- Section 354-B IPC – is related to assault with intent to disrobe
- Sections 9/10 POCSO Act – related to aggravated sexual assault
- The Supreme Court of India stressed on the significance of sensitivity in judicial language in sexual violence cases.
Court’s Verdict
The Supreme Court of India stayed the order of the High Court and condemned the remarks as insensitive and emphasized that justice must appear to be done. It deferred further hearing for 4 weeks by seeking responses from the Central and UP governments while reaffirming the seriousness of judicial accountability in such cases.
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