‘Only God can save this country’, Kapil Sibal got angry with Allahabad HC’s comment on rape, said- Supreme Court too…

Legal experts on Friday (March 22, 2025) condemned the remarks of the Allahabad High Court in a case related to sexual crime. While giving its verdict in the case, the High Court had said that holding a girl’s private part and breaking the string of her pyjama cannot be considered a case of rape or attempted rape.

Senior advocate and Supreme Court Bar Association President Kapil Sibal said in a post on the social media platform X, ‘God save this country, because such judges are sitting on the bench! The Supreme Court has been very soft in dealing with erring judges.’

Kapil Sibal said that judges, especially High Court judges, should avoid making such comments, as it will send a wrong message to the society and people will lose faith in the judiciary.

He said, ‘I think it is inappropriate to make such controversial remarks, because whatever the judges say in the present times sends a message to the society. If judges, especially High Court judges, make such comments, it will send a wrong message to the society and people will lose faith in the judiciary.’

Law experts called upon the judges to exercise restraint. They said that such comments reduce people’s faith in the judiciary. Senior advocate and former additional advocate general Pinky Anand said that in the current era, especially after cases like Satish vs State of Maharashtra, the Allahabad High Court’s decision has underestimated the heinous crime of attempted rape, which is a mockery of justice.

Pinky Anand told ‘PTI-Bhasha’, ‘In view of the facts like holding the girl’s private parts, breaking the string of her pyjama, trying to drag her under the culvert and running away only after intervention, this case completely falls in the category of attempted rape, in which every possible action was taken with the intention of raping an 11-year-old girl.’

She said that now the time has come to awaken again. Pinky Anand said, ‘Those who violate the law and 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 overturned appropriately and justice will be done.’

Senior advocate Vikas Pahwa said that the Allahabad High Court’s interpretation seems to set a worrying precedent by giving a narrow definition of attempted rape. Vikas Pahwa said, ‘Such decisions threaten to undermine public confidence in the judicial system’s commitment to the protection of victims of sexual violence. Such decisions may also discourage victims from coming forward, as they will fear that the actions that happened to them will be underestimated or dismissed.’

He said, ‘It is important that the judiciary adopts a more victim-centric approach and ensures that actions that indicate the intent to rape are properly identified and prosecuted, so that people’s faith in the justice system is maintained and potential criminals can be restrained.’

Vikas Pahwa said that at the stage of issuing summons, the courts usually assess whether a prima facie case is made out on the basis of the allegations without considering the analysis of evidence in depth. He said, ‘The High Court has exceeded its jurisdiction by re-evaluating the nature of the crime at this initial stage, because such an assessment usually takes place at the stage of hearing.’

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 judge’s personal views and he should follow the established law and jurisprudence.’

PK Dubey said that in cases related to sexual crimes, it is considered whether sexual intent was expressed in any form, as well as the fact is also seen whether the victim was hurt by the said act. He said, ‘Sexual penetration is not necessary and such acts are also equivalent to sexual acts, for which a person can be punished. Touching the private part of the victim is enough and it amounts to rape.’

The case is related to an 11-year-old girl in Kasganj, Uttar Pradesh, who was attacked by two men in 2021. Justice Ram Manohar Narayan Mishra’s bench of Allahabad High Court ruled that merely grabbing the private parts and breaking the string of the pyjama does not fall under the category of rape, but such an offense comes under the category of attacking or using criminal force on a woman with the intention of disrobing her.