By Admin 
The Allahabad High Court comment in a case related to sexual offense has been condemned by law experts on Friday (March 22, 2025). The High Court, while giving a verdict in the case, had said that it cannot be considered a case of raping or raping a girl’s private organ and breaking the pulse of her pajamas.
Senior Advocate and Supreme Court Bar Association President Kapil Sibal said in a post on social media platform X, ‘God rescues this country, because such judges are seated in the back! The Supreme Court has been very soft in the case of dealing with judges who made a mistake.
Kapil Sibal said that judges, especially the judges of the High Court, should avoid making such comments, because this will send the wrong message in the society and people will lose their trust in the judiciary.
He said, ‘I think it is unfair to make such controversial remarks, because whatever the judge says in the present time, a message is sent to the society. If the judges, especially the judges of the High Court, make such comments, then this will send a wrong message in the society and people will lose their trust in the judiciary.
Law experts called for the judges to be restrained. He said that such comments reduce people’s trust in judicial. Senior Advocate and former Additional Advocate General Pinky Anand said that in the current era, especially after cases like Satish vs Maharashtra state, the Allahabad High Court’s decision has underestimated the heinous crime such as rape attempt, which is ridiculed for justice.
Pinky Anand told ‘PTI-language’, ‘The matter comes under the category of rape in view of the facts of the girl to catch the private organs, break the pulse of her pajamas, drag it under the culvert and run away only after intervention, in the category of rape attempt, in which every possible action was done with the intention of rape of an 11-year-old girl.’
He said that now the time has come to awaken again. Pinky Anand said, ‘Those who violate the law and those who commit crimes against women and children cannot be spared and this decision is clearly wrong, as it ignores this. I am confident that such a decision will be reversed properly and justice will be done.
Senior Advocate Vikas Pahwa said that the interpretation of the Allahabad High Court seems to be a worrying example by giving narrow definition of rape attempt. Vikas Pahwa said, ‘Such decisions are in danger of the public’s trust in the commitment of the judicial system towards the safety of the victims of sexual violence. Such decisions can also discourage the victims from coming forward, because they will be afraid that the antics with them will be underestimated or rejected.
He said, “It is necessary that the judiciary adopts a more afflicted-focused approach and ensure that the antics showing the intention of rape are properly identified and prosecuted against them, so that people are confident in the justice system and can be curbed in the justice system.”
Vikas Pahwa said that in the phase of issuing summons, the courts usually assess the analysis of evidence without considering the analysis of whether the case is made prima facie a case based on the allegations. He said, “The High Court has encroached its jurisdiction by reevaling the nature of crime in this initial stage, because such evaluation is usually in the hearing phase.”
Senior advocate PK Dubey agreed with Vikas Pahwa’s opinion and said that such an interpretation was not appropriate. He said, “There is no place for the personal views of the judge and they should follow the established law and jurisprudence.”
PK Dubey said that in matters related to sexual offenses, it is considered whether sexual intention was expressed in any form, as well as the fact that the victim hurt the victim. He said, ‘Sexual entrance is not necessary and such actions are also equal to sexual acts, for which the person can be punished. Touching the victim’s private part is enough and it is equal to rape.
The case is related to an 11 -year -old girl in Kasganj, Uttar Pradesh, who was attacked by two people in 2021. A bench of Allahabad High Court Justice Ram Manohar Narayan Mishra ruled that not only catching private organs and breaking the pulse of pajama does not fall under the category of rape crime, but such a crime comes under the purview of attacking a woman or using criminal force with the intention of stripping a woman.
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