Justice Ram Manohar Narayan Mishra of the Allahabad High Court has been the subject of scrutiny for a specific judgment he delivered in March 2025.
- Attempt to Rape Case: Justice Mishra ruled on a case involving an alleged attempt to rape where the accused were accused of grabbing a child’s breasts and breaking her pyjama strings .
- Downgraded Charges: Justice Mishra determined that the actions did not meet the legal threshold for an attempt to rape charge under Section 376 of the Indian Penal Code . He downgraded the charges to assault (Section 354-B IPC) and aggravated sexual assault under the POCSO Act, which carry lesser penalties .
- Insensitive Ruling: The Supreme Court stayed the Allahabad High Court’s ruling, calling it “insensitive” and “inhuman” . The Supreme Court bench expressed deep concern over the High Court’s reasoning, stating that the judgment displayed a “total lack of sensitivity” and that the observations were “unknown to the canons of law” .
- Suo Motu Cognizance: The Supreme Court took suo motu cognizance of the judgment, indicating the seriousness of the issue .
- Responses Sought: The Supreme Court sought responses from the central government and the Uttar Pradesh government regarding the case .
- Justification: Justice Mishra, in his order, stated that “to bring out a charge of attempt to rape, the prosecution must establish that it had gone beyond the stage of preparation” . He added that there was no allegation that the accused tried to commit penetrative sexual assault against the victim .
