23/09/2026
"Grabbing a girl's breasts, breaking the drawstring of her pyjamas, and crushing her in one's arms cannot be considered a criminal offense." ___ "Justice " Ram Manohar Narayan Mishra, Allahabad High Court
Although this is an old case, it has acquired renewed relevance in the wake of the horrific Jamui, Bihar incident, where a girl was allegedly molested and an attempt was made to sexually assault her on a public road—an incident captured on camera.
When a minor girl is groped, her pyjama string is broken and she is dragged towards a culvert, what more does a court need to see before recognising an attempt to r**e?
Justice Ram Manohar Narayan Mishra of the Allahabad High Court held that the allegations “hardly constitute an offence of attempt to r**e”, while altering the charges to aggravated sexual assault under POCSO and assault with intent to disrobe.
The Supreme Court subsequently stayed the Allahabad High Court’s order.
The question is not whether judges should be harsh or lenient. The question is whether the law is being interpreted with adequate sensitivity to the dignity, bodily integrity and vulnerability of women and children.
When acts of sexual violence against a girl are interpreted so narrowly, it raises deeply disturbing questions about judicial sensitivity and the protection victims can expect from the justice system.
And that is precisely why this old judgment deserves to be remembered today.
Justice must protect the victim—not make society wonder how much more violence is required before the law recognises an attempted r**e.
