New Delhi, March 26, 2025 – The Supreme Court on Wednesday sharply criticized Allahabad High Court Judge Justice Ram Manohar Narayan Mishra for a controversial ruling that grabbing a minor’s breasts and snapping her pyjama string did not constitute an attempt to rape. The apex court stayed the March 17 order, calling it “totally insensitive” and “inhuman,” sparking a nationwide debate on judicial sensitivity and child protection laws.
The case stems from a 2021 incident in Kasganj, Uttar Pradesh, where two men, Pawan and Akash, allegedly assaulted an 11-year-old girl. According to the prosecution, the accused grabbed her breasts, dragged her toward a culvert, and broke her pyjama string before fleeing when passersby intervened. Initially charged with rape under Section 376 of the Indian Penal Code and Section 18 of the POCSO Act, the duo challenged the summons. Justice Mishra downgraded the charges to aggravated sexual assault under POCSO and Section 354B (assault with intent to disrobe), arguing no penetrative intent was proven.
The Supreme Court, acting suo motu after outrage from legal experts and activists, intervened. Justices BR Gavai and Augustine George Masih condemned Mishra’s reasoning, noting it was reserved for four months before delivery, not a hasty call. “This reflects a shocking lack of sensitivity,” Gavai said, per Hindustan Times. The stay reinstates scrutiny on the original charges, with Solicitor General Tushar Mehta labeling the ruling “unacceptable.”
Mishra, born in 1965 in Gorakhpur, joined the judiciary in 2002 after practicing law in Allahabad. Elevated to the High Court in 2020, he’s handled high-profile cases, but this verdict has drawn unprecedented flak. Critics like Swati Maliwal called it “shameful,” while Union Minister Annapurna Devi urged a societal rethink (NDTV). India’s rape cases rose 19% from 2016-2022 (NCRB), underscoring the stakes—yet judicial interpretations remain a battleground.
